HomeMy Public PortalAbout12559 i
METROPOLITAN ST. LOUIS SEWER DISTRICT
ORDINANCE NO. 12559
Table of Contents
Page
Article I - Purpose and Objectives 2
Section One - Purpose of Ordinance 2
Section Two - Objectives 2
Article II - Definitions 3
Article III - District and Non-District Wastewater
and Storm Water Systems 21
Section One - Approval Required 21
Section Two - Connection of New Premise 21
Section Three - Connection of Existing System 21
Section Four - Non-District System Required 22
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Article IV - Control of Pollutant Discharges to Separate
Storm Sewers and Watercourses 22
Section One - Prohibited Discharges to Separate
Storm Sewers and Watercourses 23
Section Two - Flow Obstruction and Illegal
Dumping Prohibited 24
Article V - Control of Pollutant Discharges to Sanitary
and Combined Sewers 25
Section One - Prohibited Substances 25
Section Two - Discharge Limitations 30
Section Three - Restrictions 33
Article VI - Authority to Prohibit or Regulate Discharges 35
Section One - Control Alternatives 35
Section Two - Variances 37
Section Three - Discharge Permits 39
Section Four - Special Agreements 43
Article VII - Treatment, Pretreatment and Discharge
Control Facilities 44
Section One - Facilities Required 44
Section Two - Drawings and Specifications 46
Section Three - Construction Approvals 46
Section Four - Construction Inspections 47
Section Five - Management Plans Required 47
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Section Six - Compliance Schedules 48
Section Seven - Pollution Control Operations 49
Section Eight - Provisions for Monitoring 50
Section Nine - Safeguards Against Accidental/Slug
Discharges 51
Section Ten - Employee Emergency Advisory 51
Section Eleven - Local Approvals 51
Article VIII - User Reports and Monitoring 51
Section One - User Questionnaire 51
Section Two - Baseline Monitoring Report 52
Section Three - 90 Day CPS Compliance Report 53
Section Four - Self-Monitoring Reports 53
Section Five - Production reports 56
Section Six - Reports of New/Increased Discharges 57
Section Seven - Compliance Schedule Progress Reports 57
Section Eight - Notification of Problem Discharge 58
Section Nine - Hazardous Waste Discharge Report 59
Section Ten - Non-District Operated Facilities
Reports 59
Section Eleven - Storm Water Reports 59
Section Twelve - Other Reports 60
Article IX - Enforcement 60
Section One - Notification of Violation 60
Section Two - Administrative Orders 61
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Section Three - Emergency Action 63
Section Four - Legal Actions and Penalties 63
Section Five - Liability Due to Violations 64
Section Six - Recovery of Costs 64
Section Seven - False Statements 65
Section Eight - Publication of Violators 65
Article X - General Provisions 65
Section One - Records Retention 65
Section Two - Sampling and Analytical Procedures 66
Section Three - Certification on Applications
and Reports 68
Section Four - Data Verification 69
Section Five - Right of Entry 70
Section Six - More Stringent State, Federal
and Local Regulations 71
Section Seven - Applicable Charges and Fees 71
Section Eight - Entry to District Facilities Prohibited 72
Section Nine - Damage to Property 72
Section Ten - Conflicting Ordinances 72
Section Eleven - Liability Under Previous Ordinances 73
Section Twelve - Severability 73
Section Thirteen - Right to Confidentiality 73
Section Fourteen - Right to Amend Ordinance 74
Section Fifteen - Appeals 74
Section Sixteen - Effective Date 75
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ORDINANCE NO. 12559
AN ORDINANCE repealing and superseding Ordinance No.
8472, adopted August 14, 1991, and enacting in lieu thereof an
ordinance regulating the use of residential and non-residential,
public and private sewers, drains, and wastewater pretreatment and
treatment systems and the discharge of waters and wastes into the
District's system; and providing penalties for the violation
thereof.
WHEREAS, it is deemed necessary in the interest of public
health and welfare to reasonably regulate the discharge of certain
substances, and
WHEREAS, regulation and inspection are necessary because
certain substances may damage or interfere with the operation of the
District's wastewater and storm water systems and related
appurtenances or interfere with the wastewater treatment processes
or pose a hazard to the public or to District employees if
discharged into the District's wastewater system, or pass through
the treatment facilities and impair water quality of the waters of
the State or contaminate the sludge, or impair air quality through
emissions of air pollutants, it is deemed necessary, therefore, to
preclude or limit certain substances from entering said wastewater
and storm water systems.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
METROPOLITAN ST. LOUIS SEWER DISTRICT
ARTICLE I - PURPOSE AND OBJECTIVES
Section One - Purpose of Ordinance.
The purpose of this Ordinance is to comply with State and Federal
laws and to protect the public health and safety by abating and
preventing pollution through the regulation and control of the
quantity and quality of residential and nonresidential wastewater,
industrial wastes, storm water, and other wastes discharged into the
District's wastewater system, storm water system and watercourses.
Section Two - Objectives.
The objectives of this Ordinance are:
A. To prevent the introduction of pollutants into the
wastewater and storm water systems which may damage or interfere
with the operation of the systems.
B. To prevent the introduction of pollutants into the
wastewater and storm water systems which may interfere with
treatment and pollution control processes.
C. To prevent the introduction of pollutants into the
wastewater and storm water systems which will pass through the
systems inadequately treated into watercourses, or the atmosphere,
or otherwise be incompatible with the systems.
D. To prevent the introduction of pollutants into the
wastewater and storm water systems which will interfere with sludge
and solids management options.
E. To prevent the introduction of pollutants into the
wastewater and storm water systems which will create a hazard to
District employees or the public, adversely affect public health and
welfare or adversely impact the environment.
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F. To prevent the introduction of pollutants into the storm
water system and watercourses which will interfere with beneficial
uses and/or achievement of applicable State and Federal water
quality standards.
ARTICLE II - DEFINITIONS
Unless the context specifically indicates otherwise, the
meaning of terms used in this Ordinance shall be as follows:
1. ASTM means the American Society for Testing and
Materials.
2. BOD 5 (Biochemical Oxygen Demand) means the quantity of
oxygen utilized in 5 days in the biochemical oxidation of
carbonaceous and nitrogenous compounds and certain inorganic
materials in water or wastewater using the procedures in 40 CFR 136
and expressed in milligrams per liter.
3. BUILDING SEWER means a sewer extension from a building or
an industrial process to the District sewer or other place of
disposal.
4. BYPASS means the intentional diversion of waste streams
from any portion of a user's sewer system, treatment facility or
pretreatment facility or other control facility.
5. CATEGORICAL PRETREATMENT STANDARDS or CPS means any
regulation containing pollutant discharge limits or requirements
promulgated by the EPA at 40 CFR Chapter One, Subchapter N, Parts
405 through 471 (as amended), in accordance with Section 307(b) and
(c) of the Clean Water Act, and which apply to a specific category
of industrial user. Users subject to categorical standards are also
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subject to the general pretreatment standards.
6. CERCLA means the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 and all amendments thereto.
7. CFR means Code of Federal Regulations as published by the
Office of the Federal Register, National Archives and Records
Administration.
8. Clean Water Act or CWA means the Federal Water Pollution
Control Act of 1972 and all amendments thereto.
9. COD (Chemical Oxygen Demand) means the quantity of oxygen
utilized in the chemical oxidation of organic and oxidizable
inorganic matter in water or wastewater using the procedures in 40
CFR 136 and expressed in milligrams per liter.
10. COMBINED SEWER means a pipe or conduit designed and
intended to receive and convey wastewater, storm water including
roof and street drainage, unpolluted water and cooling water.
11. COMBINED SEWER OVERFLOW means a discharge that occurs
from a combined sewer into waters of the State when the flow in the
combined sewer exceeds the capacity of the combined sewer or flow
regulation facility due to wet weather conditions.
12. COMMERCIAL CENTRALIZED WASTE TREATMENT FACILITY or CWT
means a facility (other than a landfill or an incinerator) which
treats or stores aqueous wastes generated by facilities not located
on the site of the CWT and which disposes of these wastes by
discharging them into the District's wastewater system.
13. COMPOSITE SAMPLE means a sample made up by combining
individual grab samples collected within a 24 hour period. For all
pollutants subject to composite sampling requirements, 24 hour flow
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proportional composite samples shall be obtained when feasible. If
the user demonstrates that a collection period less than 24 hours is
representative of the user's daily operations, then the Director may
allow collection of composite samples covering a representative
period less than 24 hours. If the user demonstrates that flow
proportional composite samples are not feasible, then the Director
may allow collection of time proportional composite samples. In no
case may a composite sample be made from fewer than four grab
samples. In all cases the individual grab samples must be adequately
spaced so as to ensure a sample that is representative of the user's
daily operations.
14. COOLING WATER means the water discharged from any system
of condensation, air conditioning, cooling, refrigeration,
industrial cooling process, or other cooling system which uses or
generates water during operation.
15. CSR means Code of State Regulations as published by the
Missouri Secretary of State.
16. DAILY AVERAGE VALUE means the result of analysis for a
particular pollutant in a composite sample of a discharge collected
within a time period not greater than 24 hours, except that a grab
sample may be used in place of a composite sample under
circumstances as specified in Article X, Section Two, Subsection B.
17. DIRECTOR means the Executive Director of The Metropolitan
St. Louis Sewer District, or his duly authorized representative.
18. DISCHARGE PERMIT means a permit issued by the District to
a user for a discharge of wastewater or storm water into the
District's system.
19. DISTRICT means The Metropolitan St. Louis Sewer District.
20. DISTRICT'S SYSTEM or SYSTEM means the entire system of
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sewers, drainage facilities, combined sewers, sanitary sewers,
separate storm sewers, storm water systems and wastewater systems
owned and operated by the District.
21. DRAINAGE FACILITY means any system of artificially
constructed drains, including open channels, whether lined or
unlined, and separate storm sewers used to convey storm water,
surface water or groundwater. A drainage facility may also convey
effluent discharged pursuant to an NPDES permit when such use is
approved by the Director.
22. EPA means the United States Environmental Protection
Agency.
23. GARBAGE means any refuse accumulation of solid animal,
fruit or vegetable matter that attends the preparation, use,
cooking, dealing in or storing of food and from the handling,
storage and sale of produce.
24. GENERAL PRETREATMENT STANDARDS means any regulations
containing pollutant discharge limits or requirements applicable to
all industrial users, promulgated by EPA in 40 CFR Chapter One,
Subchapter N, Parts 401 through 403 (as amended), in accordance with
Section 307(b) and (c) of the Clean Water Act.
25. GRAB SAMPLE means an individual sample collected in less
than fifteen (15) minutes.
26. GROUNDWATER means any water pertaining to, formed, or
occurring underneath the surface of the earth.
27. HAULED WASTE means any waters or liquid wastes which have
been removed and transported from any pit, sump, holding tank,
septic tank, sewage treatment plant or industrial facility for
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discharge to the District at designated points as regulated by
applicable Ordinances.
28. INDUSTRIAL USER means any person who discharges into the
District's wastewater system from any source regulated under Section
307(b), (c) or (d) of the Clean Water Act or from any source listed
in Division A, B, C, D, E or I of the Standard Industrial
Classification Manual or from any solid waste disposal operation
such as, but not limited to landfills, recycling facilities, solid
or hazardous waste handling or disposal facilities, and CWTs.
29. INDUSTRIAL WASTE means the water-borne wastes, including
contaminated cooling water, from industrial processes, as distinct
from sanitary wastewater.
30. INFECTIOUS WASTE means any waste which contains pathogens
with sufficient virulence and in sufficient quantity so that
exposure to the waste by a susceptible host could result in an
infectious disease. Such wastes include, but are not limited to:
(1) Isolation wastes generated by hospitalized patients who
have communicable diseases capable of being transmitted via
those wastes;
(2) Surgical, dialysis and laboratory wastes contaminated in
the process of caring for hospital patients who have
communicable diseases capable of being transmitted via those
wastes;
(3) Cultures and stocks of infectious agents and associated
biologicals;
(4) Blood and blood products known or suspected to be
contaminated with a transmissible infectious agent;
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(5) All pathology and autopsy wastes, including those from
animals contaminated with infectious agents capable of being
transmitted to humans; and
(6) All discarded sharps including hypodermic needles,
syringes, and scalpel blades that have come in contact with
material considered infectious.
31. INSTANTANEOUS VALUE means the result of analysis for a
particular pollutant in a grab sample, except that the result of
analysis for a particular pollutant in a grab sample shall be the
Daily Average Value under circumstances as specified in Article X,
Section Two, Subsection B.
32. INTERFERENCE means the inhibition or disruption of the
District's wastewater system or operations or its processing, use or
disposal of sludge, by a user's discharge which alone or in
conjunction with other discharges, causes, or contributes to the
inhibition or disruption and which: (a) causes a violation of any
requirement of a District NPDES Permit (including an increase
in the magnitude or duration of a violation); or (b) prevents the
use or disposal of sludge by the District in compliance with any of
the following Statutes and Regulations: Section 405 of the Clean
Water Act, the Solid Waste Disposal Act (SWDA), the Resource
Conservation and Recovery Act (RCRA), the Clean Air Act, the Toxic
Substances Control Act (TSCA) or any more stringent State or local
regulations. A user may be deemed to have caused or contributed to
interference as defined above, if the user:
(1) Directly prior to or during the interference discharged a
pollutant concentration or a daily pollutant loading in excess
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of that allowed by District Ordinance or permit or by Federal,
State, or local law, or
(2) Directly prior to or during the interference discharged
wastewater which substantially differed in nature and
constituents from the user's normal average discharge; and
(3) Knew or had reason to know that its discharge, alone or
in conjunction with discharges from other users, would result
in interference, or
(4) Knew or had reason to know that the District was, due to
interference, violating its final effluent limitations in its
NPDES permit and that the user's discharge either alone or in
conjunction with discharges from other users, would increase
the magnitude or duration of the District's violations.
33. LONG TERM AVERAGE means an average volume or rate of
discharge or average mass of pollutant discharge or average rate of
production based on actual levels of production or operation over an
extended period of time sufficient to capture the normal range of
variations in production or operation. A long term average should be
based on a minimum of one recent year's historical data, if
available, or upon well documented projections if such data are not
available.
34. NEW SOURCE means any new 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 CWA which will be applicable to the source if promulgated; or
after an alternative date contained in the promulgated standards,
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provided:
(1) Construction is at a site where no other source is
located; or
(2) Construction totally replaces a process or production
equipment that caused a discharge of pollutants at an existing
source; or
(3) The new production or wastewater generating processes are
substantially independent of an existing source at the site.
Construction is deemed to have commenced if there has been any
placement, assembly or installation of components, significant site
preparation work, or entry into binding contractual obligations for
the purchase of components which are intended to be used in the new
operation within a reasonable period of time.
Construction at an existing site results in a modification, not
a new source, if it alters, replaces, or adds to existing processes
or production equipment, but does not totally replace them, or if
the resulting production or wastewater generating processes are not
substantially independent of the existing source.
35. NON-RESIDENTIAL means all property other than residential
property, including but not limited to, industrial, commercial and
semi-public.
36. NORMAL WASTEWATER means wastewater which, prior to any
treatment, contains not more than 300 milligrams per liter of
suspended solids and has a BOD 5 not greater than 300 milligrams per
liter, and a COD not greater than 600 milligrams per liter.
37. NPDES PERMIT means a permit issued under the National
Pollutant Discharge Elimination System pursuant to Section 402 of
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the Clean Water Act for a discharge into waters of the State.
38. OUTFALL means any point of discharge into a watercourse,
or other body of surface or groundwater.
39. PASS THROUGH means a discharge of a pollutant from a
District treatment plant into waters of the State when such
discharge causes a violation of any requirement of the District's
NPDES permit, or a violation of a State or Federal water quality
standard or increases the magnitude or duration of any violation and
which is the result of a user's discharge of the pollutant either
alone or in conjunction with other user's discharges of the
pollutant into the District's wastewater system. A user may be
deemed to have caused or contributed to pass through as defined
above, if the user:
(1) Directly prior to or during the pass through discharged a
pollutant concentration or a daily pollutant loading in excess
of that allowed by District Ordinance or permit or by Federal,
State, or local law, or
(2) Directly prior to or during the pass through discharged
wastewater which substantially differed in nature and
constituents from the user's normal average discharge; and
(3) Knew or had reason to know that its discharge, alone or in
conjunction with discharges from other users, would result in
pass through, or
(4) Knew or had reason to know that the District was, due to
pass through, violating its final effluent limitations in its
NPDES permit and that the user's discharge either alone or in
conjunction with discharges from other users, would increase
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the magnitude or duration of the District's violations.
40. PERSON means any individual, firm, proprietorship,
partnership, company, association, public or private corporation,
joint stock company, trust, estate, political subdivision, or any
agency, board, department, or bureau of the State or Federal
government, or any other legal entity.
41. pH means the intensity of the basic or acidic condition
of a solution using the procedures in 40 CFR 136 and expressed in
standard units (s.u.). A standard unit is the negative logarithm
(base 10) of the hydrogen ion activity in a solution at a given
temperature.
42. POINT SOURCE means any discernible, confined, and
discrete conveyance, including but not limited to, any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, vessel, or other
floating craft from which pollutants are or may be discharged.
43. POLLUTANT means any substance which, alone or in
combination with other substances, if discharged to waters of the
State in sufficient quantities, causes or is reasonably certain to
cause any alteration of the physical, chemical or biological
properties of such waters; or to create a nuisance; or to render
such waters harmful, detrimental or injurious to public health,
safety or welfare, or to domestic, industrial, agricultural,
recreational, or other legitimate beneficial uses or to any
organism, aquatic life, plant or animal.
44. PRETREATMENT means the reduction or elimination of
pollutants or the alteration of the nature of pollutant properties
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in wastewater to a more acceptable state prior to discharge to the
District's wastewater system.
45. PRIVATE SEWER means a sewer within the boundaries of the
District but not owned or controlled by the District.
46. PROBLEM DISCHARGE means any upset, slug discharge,
bypass, spill or accident which does or may result in a discharge
into the District's system or into a watercourse of a prohibited
substance as listed in Articles IV and V; or of a regulated
substance in excess of limitations as listed in Article V; or of a
regulated substance in excess of limitations established in any
permit issued to the user by the District or any NPDES permit issued
to the user, and which may: (a) cause interference or pass through;
or (b) contribute to a violation of any requirement of the
District's NPDES permit; or (c) cause violation of any State or
Federal water quality standard.
47. PRODUCTION BASED DISCHARGE LIMITATION means a pollutant
limitation which is expressed in terms of allowable mass discharge
of pollutant per unit of production. In order to determine
compliance with such a limitation, the actual discharge rate and the
actual production rate at the time of sampling must be known.
48. RCRA means the Federal Resource Conservation and Recovery
Act of 1976 and all amendments thereto.
49. RESIDENTIAL means property used only for human residency
and shall include subdivisions, single family dwellings, two family
dwellings, and multifamily dwellings.
50. RESPONSIBLE CORPORATE OFFICER means a president,
secretary, treasurer or vice president in charge of a principal
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business function, or any other person who performs similar policy
or decision making functions for the corporation, or the manager of
one or more manufacturing, production or operation facilities if
authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
51. SANITARY SEWER means a pipe or conduit designed and
intended to receive and convey wastewater as defined herein.
52. SANITARY WASTEWATER means wastewater emanating from the
sanitary conveniences, including toilet, bath, laundry, lavatory,
and/or kitchen sink, of residential and non-residential sources, as
distinct from industrial waste.
53. SEMI-PUBLIC means a governmental, institutional,
educational or municipal property.
54. SEPARATE STORM SEWER means a pipe, conduit, conveyance or
system of conveyances (including roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, manmade
channels or storm drains) designed and intended to receive and
convey storm water, as defined herein and which discharges to waters
of the State and which is not part of the combined sewer system. A
separate storm sewer may also convey effluent discharged pursuant to
an NPDES permit when such use is approved by the Director.
55. SEVERE PROPERTY DAMAGE means substantial physical damage
to property, damage to the treatment facilities which causes them to
become inoperable, or substantial or 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.
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56. SEWER means a pipe or conduit for conveying wastewater,
storm water or cooling water or other disposed wastes.
57. SHALL is mandatory; MAY is permissive.
58. SIGNIFICANT NEW OR INCREASED DISCHARGE means:
(1) Any discharge from a new process or facility or a new
source.
(2) Any increase in volume or rate of discharge from an
existing process or facility when the new long term average
daily volume or rate of discharge will exceed the previous long
term average by 20% or more.
(3) Any addition of a priority pollutant or a toxic pollutant
not previously present or suspected in the user's discharge.
(4) Any addition of a hazardous waste subject to, but not
previously reported under the reporting requirements in Article
VIII, Section Nine of this Ordinance.
(5) Any increase in mass of an existing regulated pollutant
when the new long term average daily mass discharge of that
pollutant will exceed the previous long term average by 20% or
more.
(6) Any addition of a new pollutant or any increase in mass
of an existing pollutant when the discharge of such pollutant
may cause or contribute to interference or pass through.
(7) Any new batch discharges when previous discharges from an
existing source occurred on a continuous basis.
59. SIGNIFICANT NONCOMPLIANCE means that violations of this
Ordinance by a user subject to pretreatment standards meet one or
more of the following criteria:
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(1) Chronic Violation: 66% or more of all measurements taken
for the same pollutant during a six month period exceeded (by
any magnitude) the applicable limit, standard or requirement,
including instantaneous limits;
(2) Technical Review Criteria (TRC) Violation: 33% or more of
all measurements taken for the same pollutant during a six
month period equaled or exceeded the product of the applicable
limit, standard or requirement, including instantaneous limits
times the applicable TRC. (For categorical pretreatment
limitations the TRC equals 1.4 for BOD 5 , TSS and Oil and
Grease; and 1.2 for all other pollutants except pH. For
District limitations, the same TRCs apply except there is no
TRC for BOD 5 and TSS.);
(3) An effluent violation caused interference or pass through
or endangered the health of District personnel or the general
public;
(4) A discharge caused imminent endangerment to human health,
welfare or to the environment and resulted in the District
exercising its emergency authority under Article IX, Section
Three of this Ordinance;
(5) Failure to meet a compliance schedule milestone or action
item date within ninety (90) days after the scheduled date;
(6) Failure to submit a required report within thirty (30)
days of its due date;
(7) Failure to perform required self-monitoring;
(8) Failure to accurately report noncompliance; or
(9) Any other violation or group of violations which the
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Director determines may cause interference or pass through or
will adversely affect implementation of the District's
pretreatment program.
60. SLUG DISCHARGE means a discharge of a non-routine,
occasional nature of any pollutant released at a flow rate and/or
concentration which may cause interference as defined herein. A slug
discharge may occur as the result of a pollutant release from a
batch operation or a spill or any accidental discharge.
61. STANDARD INDUSTRIAL CLASSIFICATION MANUAL or SIC MANUAL
means the latest edition of said publication issued by the Executive
Office of the President, Office of Management and Budget.
62. STATE means the state of Missouri.
63. STORM WATER means rainfall runoff, snow melt runoff and
surface runoff and drainage.
64. STORM WATER SYSTEM means the entire system of combined
sewers and separate storm sewers, operated by the District, for the
collection, storage and treatment of storm water to serve the needs
of the District and its inhabitants and others, including all
appurtenances and facilities connected therewith or relating
thereto, together with all extensions, improvements, additions and
enlargements made thereto or as may be acquired by the District.
65. SURFACE WATER means all water appearing on the land
surface as distinguished from groundwater and including water
appearing in watercourses, lakes, and ponds.
66. SYSTEM (See definition of District's System).
67. TOTAL OIL AND GREASE means the total of all materials
recoverable in a sample as a substance soluble in the procedure
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solvent using the procedures in 40 CFR 136 and expressed in
milligrams per liter. These materials include the Solvent-
Extractable-Materials (Polar-Materials) and the Silica-Gel-Treated-
Solvent-Extractable-Materials (Non-Polar-Materials). Total Oil and
Grease is synonymous with the terms “Oil and Grease-Total
Recoverable” and “n-hexane extractable material (HEM)” as used in 40
CFR 136. Oil and grease includes fatty acids, soaps, fats, oils,
waxes and petroleum products.
68. TOTAL SUSPENDED SOLIDS (TSS) means all matter in water,
wastewater, or other liquids; that is retained on a filter using the
procedures in 40 CFR 136 and expressed in milligrams per liter.
Total Suspended Solids is also known as Nonfilterable Residue (NFR).
69. TOTAL TOXIC ORGANICS (TTO) means the summation of all
quantifiable values greater than .01 mg/l for the applicable toxic
organics included in the listing in 40 CFR 401.15 of toxic
pollutants identified pursuant to Section 307(a)(1) of the Clean
Water Act as determined using the analytical techniques specified in
40 CFR 136 and expressed in milligrams per liter. For discharges
subject to categorical pretreatment standards, the list of organics
to be included in the TTO is contained in the applicable standard.
For the local TTO limit specified in Article V, Section Two,
Subsection C of this Ordinance, the organics to be included in the
TTO are all of those from the list in 40 CFR 401.15 which are or may
be present in the discharge.
70. TOXIC SUBSTANCE means any substance which alone or in
combination with other substances, when discharged to a wastewater
system, storm water system or watercourse in sufficient quantities,
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interferes with any biological wastewater treatment process, or,
either through direct exposure or through indirect exposure by
ingestion through the food chain, interferes with the normal life
processes of any organism, aquatic life, plant or animal or causes
adverse human health impacts. Toxic substances include, but are not
limited to pollutants listed as toxic in 40 CFR 401.15 pursuant to
section 307(a)(1) of the CWA and those listed as toxic in sludge
pursuant to section 405(d)(2) of the CWA.
71. TREATMENT means the reduction or elimination of pollutants
in wastewater or storm water prior to discharge to waters of the
State.
72. UNPOLLUTED WATER means any water that may be discharged
under NPDES regulations into waters of the State without having to
be authorized by a NPDES permit and which will not cause any
violations of State or Federal water quality standards.
73. UPSET means an exceptional incident in which there is
unintentional and temporary noncompliance with pretreatment or
treatment standards because of factors beyond the reasonable control
of the user. An upset does not include noncompliance to the extent
caused by operational error, improperly designed pretreatment or
treatment facilities, lack of preventive maintenance, or careless or
improper operation.
74. USER means any person who discharges, or causes the
discharge of wastewater into the District's wastewater system or who
discharges or causes the discharge of storm water or any NPDES
permit regulated effluent or any other waste into the District's
storm water system or any person served by the District's system.
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75. WASTE means any material other than unpolluted water
which is accidentally or purposely discarded into the District's
system.
76. WASTEWATER means the water-borne wastes, industrial waste
and/or sanitary wastewater as defined herein, emanating from
residential and non-residential sources together with such
groundwater, surface water, or storm water as cannot be avoided.
77. WASTEWATER SYSTEM means the entire sanitary sewer system,
including combined sewers, owned and operated by the District for
the collection, storage and treatment of wastewater to serve the
needs of the District and its inhabitants and others, including all
appurtenances and facilities connected therewith or relating
thereto, together with all extensions, improvements, additions and
enlargements thereto made or acquired by the District. The
District's wastewater system is a Publicly Owned Treatment Works
(POTW) as defined at 40 CFR Part 122 and is therefore subject to all
provisions of State and Federal regulations applicable to POTWs.
78. WATERCOURSE means a natural or manmade surface drainage
channel or body of water (including a lake or pond) in which a flow
of water occurs, either continuously or intermittently.
79. WATERS OF THE STATE means all rivers, streams, lakes and
other bodies of surface water and groundwater lying within or
forming a part of the boundaries of the State which are not entirely
confined and located completely upon lands owned, leased or
otherwise controlled by a single person or by two or more persons
jointly or as tenants in common and includes waters of the United
States lying within the State.
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ARTICLE III - DISTRICT AND NON-DISTRICT
WASTEWATER AND STORM WATER SYSTEMS
Section One - Approval Required.
Except as hereinafter provided, no person shall make any connection
to the District's system or install any residential or
nonresidential wastewater treatment facility, pretreatment facility
or other facility intended or used for treatment, pretreatment or
control of wastewater or storm water, without the approval of the
Director and subject to the provisions of Article VII of this
Ordinance.
Section Two - Connection of New Premise.
Unless prohibited or exempted by other provisions of this Ordinance,
any person who develops within the District a property or structure
which will produce any wastewater or storm water which must be
disposed of, shall discharge such wastewater or storm water into the
District's system in compliance with this Ordinance and with all
rules, regulations and specifications of the District as filed in
the office of the Secretary-Treasurer of the District.
Section Three - Connection of Existing System.
Within ninety (90) days after a District sanitary sewer becomes
available to a property served by an existing residential or non-
residential wastewater system a direct connection shall be made to
the District sewer in compliance with this Ordinance and with all
rules, regulations and specifications of the District as filed in
the office of the Secretary-Treasurer of the District. A sanitary
sewer shall be considered available if it is within two hundred
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(200) feet of any legal boundary of the property to be connected to
the sewer and if the sewer and receiving treatment plant can, by
design, properly convey and treat the wastes to be discharged. Any
septic tank, cesspool, lagoon, or other residential, or non-
residential wastewater treatment facility shall be abandoned and
filled with suitable material as per applicable District Ordinances
and/or State or local regulations or shall be removed unless such
system is to be used for pretreatment or control of wastewater prior
to discharge to the District's wastewater system.
Section Four - Non-District System Required.
When connection to a District sanitary sewer is prohibited by other
provisions of this Ordinance or when the Director determines that
connection to a sanitary sewer is not feasible or when a District
sanitary sewer is not available under the provisions of this
Ordinance, the building sewer shall be connected to a residential,
or non-residential pollution control system approved by the Director
and complying with the provisions of this Ordinance and with
applicable local, State and Federal regulations.
ARTICLE IV - CONTROL OF POLLUTANT DISCHARGES
TO SEPARATE STORM SEWERS AND WATERCOURSES
Discharges to the District's separate storm sewers enter waters of
the State directly or after conveyance through the District's system
and are subject to NPDES permit regulations. All users shall comply
with the provisions of this article to ensure that discharges from
the District's separate storm sewers do not violate conditions of
any of the District's NPDES permits or of any NPDES permit
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regulations, including storm water discharge regulations, or cause
any violations of State or Federal water quality standards.
Section One - Prohibited Discharges to Separate Storm
Sewers and Watercourses.
A. No person shall discharge any wastewater treatment plant
effluent, cooling water, unpolluted water or any other water that is
not composed entirely of storm water as defined in Article II into
any separate storm sewer or watercourse unless such discharge is
authorized by an NPDES permit or is exempt from NPDES permit
regulations, is not otherwise prohibited by this Ordinance, and the
discharge is in compliance with all provisions of any NPDES permit
authorizing the discharge, and does not cause or contribute to a
violation of water quality standards or cause or contribute to a
violation of any of the District's NPDES permit conditions or
constitute a nuisance or hazard to the public.
B. No person shall discharge or cause to be discharged into any
separate storm sewer or watercourse any storm water associated with
industrial activity as defined in 40 CFR 122.26(b)(14) or any storm
water associated with small construction activity as defined in 40
CFR 122.26(b)(15) or any other wastewater discharge subject to NPDES
permit regulations unless the discharge is in compliance with all
applicable provisions of the NPDES storm water regulations in 40 CFR
122.26 and any applicable State regulations and is in compliance
with the terms and conditions of any system-wide storm water
discharge permit issued to the District pursuant to those
regulations or the terms and conditions of any other NPDES permit
issued to the District.
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C. No user shall discharge storm water from a storm water
management facility approved by the District that the Director
determines is not installed, operated or maintained according to the
property's District-approved agreement or plan for that storm water
management facility.
D. No user shall initiate a significant new or increased discharge
above the levels contained in the authorization to discharge to any
separate storm sewer or watercourse without first complying with the
reporting provisions of Article VIII, Section Six and until having
received approval from the Director subject to the provisions of
Article VI, of this Ordinance.
E. A user shall report to the Director, in accordance with the
provisions of Article VIII, Section Eight of this Ordinance, any
problem discharges as defined in this Ordinance or any other
discharges to a separate storm sewer or watercourse that are not in
compliance with NPDES or District permit conditions.
Section Two - Flow Obstruction and Illegal Dumping
Prohibited.
A. No person shall place any dam or other flow restricting
structure or device in any drainage facility or watercourse without
first having obtained approval from the Director.
B. No person shall place or deposit into any outfall, drainage
facility, separate storm sewer or watercourse within the District
any garbage, trash, yard waste, animal waste, soil, rock or similar
material, or any other substance which obstructs flow in the system
or damages the system or interferes with the proper operation of the
system or which negatively impacts water quality or constitutes a
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nuisance or a hazard to the public or which causes or contributes to
a violation of water quality standards or is a violation of
applicable State, Federal or local regulations. In the event that
such an obstruction or illegal dumping occurs, the Director may
cause such obstruction or waste to be removed or cause such damage
to be repaired and to recover applicable costs pursuant to the
provisions of Article IX, Section Six of this Ordinance.
ARTICLE V - CONTROL OF POLLUTANT DISCHARGES
TO SANITARY AND COMBINED SEWERS
Pollutants which are discharged to the District's sanitary or
combined sewers enter waters of the State from District treatment
plant outfalls or combined sewer overflow outfalls after conveyance
through the District's system and are therefore subject to NPDES
permit regulations. All users of the system shall comply with the
prohibitions and standards of this article to ensure that discharges
from the District's outfalls do not violate conditions of the
District's NPDES permits, or cause any violations of State or
Federal water quality standards.
Section One - Prohibited Substances.
A. No person shall discharge or cause to be discharged into any
sanitary or combined sewer any of the following substances:
1. Any substance in a quantity or concentration which may
cause interference or pass through as those terms are
defined in Article II of this Ordinance, or cause
violations of State or Federal water quality standards in
a receiving watercourse, or may otherwise endanger life,
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limb, or property or constitute a public nuisance.
2. Any flammable or explosive substance which creates an
atmosphere within the wastewater system which exceeds ten
percent of the Lower Explosive Limit (LEL) as designated
by the National Fire Protection Association except for
excursions allowed pursuant to the continuous monitoring
provisions in Article X, Section Two, Subsection C; or
which causes the discharge into the District's sewer to
have a closed cup flashpoint of less than 140 degrees
Fahrenheit (60 degrees Celsius). Closed cup flashpoints
shall be determined using the test methods specified in
40 CFR 261.21.
3. Any wastes which can create corrosive conditions capable
of causing damage or hazard to structures, equipment or
personnel of the wastewater system. Such wastes include,
but are not limited to:
(1) Those which cause the pH of a discharge to be less
than 5.5 , unless the user can show that all parts of the
District's system which will be subject to the lower pH
are designed to accommodate such discharge and the
discharge will not cause violations of other prohibitions
in this section and except for excursions allowed
pursuant to the continuous monitoring provision in
Article X, Section Two, Subsection C); and
(2) Those wastes which contain oxidizable chemical
compounds (such as sulfide, sulfite and nitrite) in
sufficient quantities to create corrosive conditions in
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the system.
4. Any solids or any substances that will solidify or become
discernibly viscous at temperatures between 32 and 150
degrees Fahrenheit (0 and 65 degrees Celsius) or any
other substances in quantities capable of causing
obstruction to flow within the District's treatment
plants or sewers, including any obstruction within the
combined sewer system which causes or contributes to a
combined sewer overflow.
5. Any garbage containing particles larger than one-half
inch in any dimension or particles which will not be
carried freely under the flow conditions of the sewer.
6. Any wastewater or any pollutant released at a flow rate
and/or concentration which will cause interference with
the operation of the wastewater system.
7. Heat in amounts which will cause interference with the
operation or maintenance of the wastewater system, but in
no case heat in such quantities that the temperature at
the headworks of the District's treatment plant exceeds
40 degrees Celsius (104 degrees Fahrenheit).
8. Any water or waste which by itself or by interaction with
other materials, emits toxic gases, vapors or fumes into
the atmosphere of any area of the wastewater system at
levels in excess of Permissible Exposure Limits (PEL)
established for air-borne contaminants by the
Occupational Safety and Health Administration (OSHA) or
Threshold Limit Values (TLV) established by the American
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Conference of Governmental Industrial Hygienists (ACGIH).
9. Any trucked or hauled wastes except as authorized by
District Ordinance, and in compliance with the provisions
of this Ordinance. In no case may trucked or hauled
wastes include any hazardous wastes as defined in 40 CFR
Part 261 or in 10 CSR 25-4.261.
10. Any wastes which are highly colored, such as, but not
limited to concentrated dye wastes, tannin or spent
tanning solutions at concentrations which cause
discoloration of District equipment or which cause the
effluent from the District's plant to have an
objectionable color.
11. Any petroleum based oil or grease, nonbiodegradable
cutting oil or product of mineral oil origin except those
which unavoidably enter the user's waste stream as a
normal constituent of wastewater from processes or
equipment which use or process such materials or through
contact with areas contaminated with such materials. In
no case may such materials be discharged in quantities or
concentrations which will cause interference or pass
through.
12. Any infectious wastes, except those wastes which are
authorized for disposal into sanitary sewers under State
regulations 10 CSR 80-7.010 and 19 CSR 30-20.011 or more
stringent local regulations.
13. Any radioactive material, except those wastes which are
authorized for disposal into sanitary sewers under
29
applicable State and Federal regulations and which the
District finds acceptable and is specifically authorized
by the Director. Excreta from individuals undergoing
medical diagnosis or treatment with radiological
materials shall be exempt from this prohibition. Any
radioactive material discharged to the wastewater system
must be readily soluble (or readily dispersible
biological material) in water. Radioactive materials
discharged from each user to the sewers tributary to each
of the District's treatment plants shall be limited as
follows:
(1) For users subject to licensing by the Nuclear
Regulatory Commission:
5 curies Hydrogen-3
1 curie Carbon-14
1 curie for all other radioactive materials combined
(2) For all other users:
1 curie for all radioactive materials combined
14. Any substance in quantities which either alone or in
combination with other wastes results in the formation
within the wastewater system of any malodor, foam, or
other condition which is capable of creating a public
nuisance or hazard to life or interferes with operation
and maintenance of the system.
15. Any wastewater resulting from activities involving
regulated asbestos containing materials as defined in 40
CFR 61.141 unless first filtered prior to discharge using
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filters of appropriate pore size, as directed by State or
local asbestos control agencies, or as authorized by the
Director.
16. Any wastewater released at a flow rate which will
surcharge any part of the District’s system or other
user’s sewer systems to the extent that the surcharge
interferes with the proper operation or maintenance of
the District’s system or causes or has the potential to
cause wastewater to flow into other user’s premises.
17. Any non-biodegradable wastes, such as, but not limited to
metal, glass, plastic or expanded polystyrene whether
shredded or whole, in a quantity or form which is capable
of creating a public nuisance or hazard to life or
interferes with operation or maintenance of the system.
Section Two - Discharge Limitations.
A. Applicability.
(1) The limitations for quantities and/or concentrations of
pollutants contained in this section apply to all users who
discharge to the District's wastewater system.
(2) The limitations contained in this section or derived
pursuant to the provisions of this section, are “not to exceed”
values. Any analytical result, obtained using the methods
prescribed in Article X, section Two of this Ordinance, is a
violation of the limitation, subject to the reporting
provisions in Article VIII, Section Four, Paragraph F if the
result exceeds the limitation by any amount. If a result is
reported as “less than” a detection limit, where the detection
31
limit is greater than the limitation, the result is subject to
the reporting provisions of Article VIII, Section Four,
Paragraph G.
B. Categorical Pretreatment Standards: Any industrial user having
process waste streams which are subject to any Federal categorical
pretreatment standards either currently in effect or promulgated or
modified after the effective date of this Ordinance shall comply
with the requirements of such standards. All categorical
pretreatment standards established pursuant to 40 CFR Chapter One,
Subchapter N, are hereby incorporated by reference and are fully
enforceable under this Ordinance the same as if fully set out
herein. Limitations established in such standards shall apply to the
treated effluents or, if no treatment is provided, to the untreated
effluents from the processes regulated by the standard, unless
otherwise specified by the standard. When the limits in a
categorical pretreatment standard are production based, the Director
may convert the limits to equivalent mass or concentration for
purposes of calculating effluent limitations applicable to
individual users. Where regulated process effluents can not be
sampled prior to mixing with other waste streams, alternative limits
for the mixed effluent may be established by the Director using the
combined waste stream formula subject to the provisions of 40 CFR
403.6(e). All users subject to categorical pretreatment standards
are also obligated under Federal law to comply with the District's
discharge limitations specified in subsection C of this section.
When a pollutant in a user's discharge is subject to both a limit
from a categorical pretreatment standard and a District limit at the
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same sampling point, the most strict limit shall apply.
C. District Limitations: At the point of discharge from the user's
property to the District's wastewater system, all users shall comply
with the following limitations. Separate limitations apply for
discharges to the District's plants with outfalls to the Mississippi
and Missouri Rivers (Large Rivers) and for plants with outfalls to
all other streams (Small Rivers).
Parameter* Daily Average Limit** Instantaneous Limit**
Large Riv. Small Riv. Large Riv. Small Riv.
Antimony 0.5 0.5 1.5 1.5
Arsenic 0.4 0.3 1.2 0.9
Barium 10.0 10.0 30.0 30.0
Beryllium 0.4 0.1 1.2 0.3
Cadmium 0.7 0.07 1.2 0.21
Chromium 5.0 5.0 15.0 15.0
Copper 2.7 0.7 4.5 2.1
Cyanide, Amenable 0.4 0.1 1.2 0.3
Iron 150.0 25.0 450.0 75.0
Lead 0.4 0.2 0.6 0.6
Mercury 0.01 0.01 0.03 0.03
Nickel 2.3 1.0 4.1 3.0
Total Oil & Grease 200 200 200 200
Phenolic Compounds 7.0 7.0 21.0 21.0
Selenium 0.2 0.2 0.6 0.6
Silver 0.5 0.5 1.5 1.5
Zinc 3.0 3.0 9.0 9.0
Total Toxic Organics Shall not exceed 5.844 mg/l at any time. Temperature Shall not exceed 140°F (60°C) at any time.*** pH Shall be in the range of 5.5 to 11.5 s.u. at all times.*** * Total substance (dissolved plus suspended). ** All units are milligrams per liter unless otherwise noted. *** Excursions may be allowed pursuant to the continuous monitoring
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provisions of Article X, Section Two, Subsection D.
D. More Restrictive Standards: The Director shall establish limits
on the volume and concentration of contributions from users which
are more strict than or in addition to those specified in this
Section when the Director determines such action is necessary to
ensure that the aggregate discharges to the sewers tributary to any
segment of the District's system do not cause:
(1) Interference or pass through,
(2) Violations of the District's NPDES permit conditions,
(3) Violations of any State or Federal water quality
standards,
(4) Danger to life, limb or property,
(5) Local nuisance conditions, or
(6) Air emissions or any other environmental releases from
the District's system in excess of the limits and requirements
of applicable State, Federal and local regulations.
When the Director determines it is necessary to establish more
strict or additional limits under the provisions of this subsection,
the Director shall advise the users affected by the change and shall
require the users to develop within a reasonable period of time,
compliance schedules or management plans or to take such other
action as may be necessary to achieve the goals of this subsection.
Section Three - Restrictions.
A. New or Increased Discharges: A user shall not initiate a
significant new or increased discharge without first complying with
the reporting provisions of Article VIII, Section Six and until
having received approval from the Director subject to the provisions
34
of Article VI, of this Ordinance.
B. Upsets: In the event of an upset, as defined in this Ordinance,
the user shall take all feasible steps to control production or
discharges so as to minimize the extent or duration of any
noncompliance until the condition causing the upset is mitigated or
an alternative method of maintaining compliance approved by the
Director is provided. The user shall also comply with the reporting
requirements of Article VIII, Section Eight of this Ordinance.
C. Dilution Prohibited: Except where expressly authorized to do so
by an applicable categorical pretreatment standard or requirement,
no user shall increase the use of potable or process water in any
way for the purpose of diluting a discharge as a partial or complete
substitute for pretreatment required to comply with the provisions
of this Ordinance.
D. Bypassing: No industrial user may bypass any portion of its
pretreatment facilities except when necessary to perform essential
maintenance and then only if the bypass will not result in a
violation of applicable pretreatment standards or requirements. Any
other pretreatment facility bypass is prohibited unless:
(1) The bypass is unavoidable to prevent loss of life,
personal injury or severe property damage;
(2) There are no feasible alternatives to the bypass; and
(3) In the event of an anticipated bypass, advance notice is
provided to the Director.
Any pretreatment facility bypass shall be reported to the Director
in accordance with the provisions of Article VIII, Section Eight of
this Ordinance.
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E. Prohibited Discharges to Sanitary Sewers: No person shall
discharge or cause to be discharged into any sanitary sewer any:
(1) Storm water, surface water, or groundwater,
(2) Roof runoff,
(3) Excessive infiltration or inflow,
(4) Cooling water which is from a non-contact once-through
operation and which is not treated prior to or during use, or
(5) Unpolluted water,
except that; (a) any water listed above which contains pollutants
regulated by this Ordinance may be discharged when approved by the
Director subject to any pretreatment, flow control or other control
measures and monitoring procedures as determined by the Director,
and, (b) small volumes of otherwise excluded cooling water may be
discharged provided such discharge does not violate any other
provisions of this Ordinance.
F. Open Connections Prohibited: No person constructing or
repairing a sanitary sewer, or any building sewer connected to a
sanitary sewer shall leave such sewer open, unsealed, or incomplete
in a manner which will permit storm water, groundwater, or surface
water to enter any District sanitary sewer. All such openings shall
be tightly sealed at all points whenever work is not actually in
progress on such sewer or connection.
ARTICLE VI - AUTHORITY TO PROHIBIT OR REGULATE DISCHARGES
Section One - Control Alternatives.
A. If any wastewater or storm water is discharged, is proposed to
be discharged or could be discharged into the District's system, the
36
Director, in order to ensure compliance with the provisions of this
Ordinance or with State or federal regulations, may take one or more
of the following actions:
1. Prohibit the discharge,
2. Require pretreatment to a condition acceptable for
discharge into the wastewater system,
3. Require treatment to a condition acceptable for discharge
into a separate storm sewer, drainage facility or
watercourse.
4. Require controls on the quantities and rates of
discharge,
5. Require payment to cover added costs of handling and
treating the wastes not covered by existing fees or user
charges,
6. Require the development of compliance schedules for
meeting any applicable treatment or pretreatment
standard, or storm water discharge standard or any
requirement of this Ordinance,
7. Require the submission of reports necessary to assure
compliance with any applicable treatment or pretreatment
standard, or storm water discharge standard, or any
requirement of this Ordinance,
8. Require the user to obtain a discharge permit from the
District.
9. Carry out all inspections, surveillance, and monitoring
necessary to determine compliance with any applicable
treatment or pretreatment standard, storm water discharge
37
standard or any requirement of this Ordinance,
10. Require submission of management plans for the control of
accidental discharges or slug discharges,
11. Require submission of management plans to control
pollutants entering the wastewater and/or separate storm
water system,
12. Require sampling and analysis of discharges and reporting
of the results,
13. Seek remedies for noncompliance by any user as provided
in Article IX of this Ordinance, and/or
14. Terminate service.
B. When considering the above alternatives, the Director shall
ensure that the District is in compliance with all State and Federal
requirements and limitations. The Director shall also take into
consideration the cost effectiveness, economic impact of each
alternative on the user and the District, and any other factors
relevant to the situation.
Section Two - Variances.
A. Categorical Pretreatment Standards: Requests for variances from
categorical pretreatment standards shall be made directly to the
Missouri Department of Natural Resources (MDNR) in accordance with
the provisions of 40 CFR 403.13. One copy of such a variance
application and its supporting documentation shall be provided to
the Director no later than the date of submittal to MDNR.
B. District Standards: Requests for variances from the District's
limitations or requirements contained in this Ordinance shall be
made in writing to the Director on a form provided by the Director.
38
The Director may approve or deny a variance application in full or
in part and shall set time limits for the duration of the variance.
No variance may be approved for a time period longer than five (5)
years. Variances shall contain such conditions as the Director
determines necessary to ensure compliance with this Ordinance and
with any State or Federal regulations. The Director will notify the
applicant in writing of his decision within sixty (60) days of
receipt of a completed application. Variances from District
standards may be approved only where:
(1) The alternative limit or requirement is no less stringent
than justified by the factors presented for consideration; and
(2) The alternative limit or requirement will not result in a
violation of the prohibitions in Article V, Section One; and
(3) The alternative limit or requirement will not result in
an adverse non-water quality environmental impact; and
(4) The alternative limit or requirement will not violate any
applicable State, Federal or local regulations; and
(5) Compliance with the standard would result in either (a) a
removal cost that can not be justified for the size and/or
nature of the discharge, or (b) an adverse non-water quality
environmental impact.
C. Hauled Wastes: When a variance from a District limitation is
sought for discharge of a hauled waste subject to the provisions of
applicable District Ordinances, the Director may approve or deny the
request solely on the basis of the information contained in the
application for special discharge and an analysis of the waste to be
hauled using the criteria in subsection B above.
39
D. Variance Modification or Revocation: The Director may revoke a
variance after thirty (30) days notice to the user for cause
including, but not limited to, the following causes:
(1) A violation of any term or condition of the variance.
(2) A misrepresentation or failure to fully disclose all
relevant facts in obtaining a variance.
(3) A determination by the Director based upon additional
information, that a variance is no longer appropriate.
The Director may modify a variance after thirty (30) days notice to
the user following a determination by the Director that the
circumstances under which the variance was granted have changed and
a modification is necessary to ensure compliance with the conditions
stated in subsection B of this Section.
E. Variance Renewal: A user may request renewal of a variance from
District standards by submitting a new variance application at least
180 days prior to the expiration date of the existing variance. The
application for renewal must meet the same criteria as set forth in
Subsection B of this Section for an original application and must be
based on conditions at the time of re-application.
Section Three - Discharge Permits.
A. Permit Required: The Director may require that a user obtain a
permit to discharge into the District's wastewater system or storm
water system. Such judgment shall be made based upon data contained
in the User Questionnaire or in other reports required pursuant to
Article VIII of this Ordinance or resulting from sampling or
investigations performed by the District or as required by State or
Federal regulations.
40
1. Within 60 days of being notified by the Director that a
permit is required, the user shall submit a permit application on a
form provided by the Director complete with all supplementary
information as specified on the application form and as specified in
the Director's notification. The Director shall promptly review the
application and shall advise the applicant of any deficiencies. The
Director shall issue or deny the permit within 90 days of receipt of
a complete application, including all supplementary information
required. Should the applicant fail to correct application
deficiencies within a reasonable period of time, the Director may
proceed to issue or deny the permit within 90 days of his last
request for information.
2. Any user who has been issued a discharge permit shall
apply for renewal of that permit at least 180 days prior to the
expiration date contained therein. The District shall process permit
renewal applications on the same basis as a first time application.
Any user who fails to submit a timely application for permit renewal
will be subject to enforcement action as provided in Article IX of
this Ordinance.
3. No user who has been required to submit a permit
application may continue to discharge into the District's system
after the date of a permit denial.
4. The terms and conditions of a permit are automatically
continued past its expiration date and remain fully enforceable
pending issuance of a new permit if: (a) The permittee has submitted
a timely and sufficient application for renewal; and (b) The
District is unable, through no fault of the permittee, to issue a
41
new permit before the expiration date of the previous permit; and
(c) The permittee is not in significant noncompliance with the terms
and conditions of the previous permit on its expiration date.
5. Any user who has been issued a discharge permit shall
comply with all of the terms and conditions of that permit until the
effective date of any changes in those terms or conditions as
contained in a permit modification, revision, renewal or termination
in accordance with the provisions of this article.
B. Change in or Termination of Discharge:
1. A permittee shall not significantly increase the average
daily volume, or flow rate of discharge or add any significant new
pollutants or significantly increase the discharge of existing
pollutants set forth in a permit without first having secured an
amendment to the permit unless the permit conditions authorize such
increase or additions without an amendment. A permittee shall notify
the Director of any proposed significant new or increased discharge
in accordance with the provisions of Article VIII, Section Six. If
required by the Director, the permittee shall submit a new permit
application for the discharge and shall not commence the new or
increased discharge until a revised permit has been issued.
2. Whenever any discharge covered by a permit is permanently
eliminated, or when it has been determined, using the criteria in
Subsection A of this Section, that a permit no longer is required,
the existing permit will be terminated or modified upon verification
by the Director.
C. Permits not Transferable: A permit may not be transferred or
reassigned. When a property covered by a discharge permit is sold or
42
otherwise transferred to a new owner, the new owner shall apply for
a new permit at least ten (10) days prior to the transfer and shall
agree to abide by all of the conditions and terms of the previous
owner's permit until the Director issues a new permit or denies the
application.
D. Permit Conditions: The Director shall include conditions and
terms in each permit to ensure compliance with the provisions of
this Ordinance and with applicable State and federal regulations.
Conditions may include, but are not limited to:
1. Limits on rate, time, and characteristics of discharge or
requirements for flow regulation and equalization;
2. Installation and maintenance of inspection, flow
measurement, and sampling facilities, including access to
such facilities;
3. Specifications for monitoring programs which may include
flow measurement, sampling, chemical and biological
tests, recording of data, and reporting schedule;
4. Treatment or pretreatment standards and requirements;
5. Schedules for development and/or implementation of
management plans, drawings and specifications,
construction of necessary facilities or process changes,
including schedules for reporting progress toward meeting
these requirements;
6. Submission of self-monitoring reports and other reports
as required pursuant to this Ordinance;
7. Effective date and termination date. No permit will be
issued for a time period longer than five (5) years.
43
8. Special service charges or fees pursuant to applicable
Ordinances;
9. Any other conditions to ensure compliance with this
Ordinance and with applicable requirements of State and
Federal regulations.
10. Authority to revoke for cause.
E. Permit Revocation: The Director may revoke a permit after
thirty (30) days notice to the user for cause including, but not
limited to, the following causes:
(1) A violation of any term or condition of the permit.
(2) A misrepresentation or failure to fully disclose all
relevant facts in obtaining a permit.
F. Permit Modifications: In addition to other provisions in this
Section the Director may modify a permit:
(1) After thirty (30) days notice to the user following
promulgation of new State, Federal or local regulations to
ensure compliance with the effective dates contained in any
such new regulations.
(2) After thirty (30) days notice to the user following receipt
of information which the District determines requires
additional or more strict limitations or permit conditions. The
permittee may waive the 30 day notice in writing.
(3) Without prior notice to make technical corrections or
modifications which do not result in more strict limitations or
conditions for the permittee.
Section Four - Special Agreements.
When necessary to provide for proper treatment of wastewater or
44
storm water, the Director may enter into special agreements or
arrangements with a user to accept wastewater or storm water into
the District's system at other than the usual discharge points or to
accept wastewater or storm water of unusual strength or character
for special treatment, subject to any special discharge conditions
or payments or user charges as may be applicable.
ARTICLE VII - TREATMENT, PRETREATMENT
AND DISCHARGE CONTROL FACILITIES
Section One - Facilities Required.
A. Treatment, pretreatment or discharge control facilities shall
be provided for discharges to the District's system when required by
State or Federal regulations or when, in the judgement of the
Director, such facilities are necessary to ensure compliance with
the provisions of Articles III through VI of this Ordinance or for
the control of pollutants which are contained or may be contained in
any of the user's discharges or for the prevention or control of
slug discharges or spills. All such facilities shall be located so
as to be readily accessible for maintenance and inspection.
B. Interceptors or traps for oil, grease, grit, or other harmful
or flammable substances which can be trapped, shall be provided
when required by the Director. Such interceptors or traps shall
not be required for private dwelling units. (1) All
interceptors and traps shall be operated and maintained in a
manner which prevents the trapped substances from being
discharged into the wastewater system, storm water system, or
any watercourse.
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(2) Degreasers, enzymes and similar substances which act to
temporarily emulsify or suspend oil or grease shall not be
introduced into any interceptor or trap designed to capture and
retain oil or grease.
(3) Products or processes which do not act to temporarily
emulsify or suspend oil or grease may be used as long as the
discharge from the facility using the products or processes
complies with the oil and grease limitations contained in
Article V, Section Two of this Ordinance as documented by
appropriate sampling and analyses.
C. Spill containment facilities shall be provided when required by
State or Federal regulations or when, in the judgement of the
Director, such facilities are necessary for the containment of any
raw materials, products, wastes or other potential pollutants used
or stored on the user's premises in such locations that a spill of
the material may enter into the District's system or a watercourse
and cause interference or pass through or cause violations of the
District's NPDES permit or cause violations of State or Federal
water quality standards.
D. Storm water treatment or control facilities shall be provided
when required by State or Federal regulations or when, in the
judgment of the Director, such facilities are necessary for the
treatment or control of storm water which has or may come into
contact with any raw materials, products, wastes or other potential
pollutants used or stored on the user's premises in such locations
that storm water flowing through or running off the user's premises
may contact such materials and may convey pollutants therefrom into
46
the District's system or a watercourse and cause interference or
pass through or cause violations of the District's NPDES permit or
cause violations of State or Federal water quality standards.
Section Two - Drawings and Specifications.
Drawings, specifications, and any other pertinent engineering data
relating to proposed wastewater treatment or pretreatment
facilities, holding tanks, grease, oil and grit interceptors, spill
control or containment facilities or other facilities to be utilized
in the treatment, pretreatment, or control of wastewater or storm
water discharged to any sewer or watercourse within the District,
shall be submitted to the Director for approval. All plans and
specifications shall be prepared by a registered professional
engineer, licensed in the State of Missouri, except this requirement
may be waived on a case by case basis by the Director for facilities
which will not become part of the system owned or operated by the
District. Construction of facilities shall not be started until said
drawings and specifications have been approved by the Director
through issuance of a construction permit or other written approval.
Section Three - Construction Approvals.
A. Construction Permit: Before starting construction of any
residential, or non-residential wastewater system, treatment
facility, or drainage facility or any connection to the District's
system, the owner thereof shall first obtain a construction permit
from the Director. The application for such permit shall be made on
a form furnished by the Director. Fees for plan review, connection,
permits and inspections shall be paid to the District in accordance
with applicable Ordinances. The Director shall either issue or deny
47
the requested permit within 90 days after submittal of the
application.
B. Construction Approval: Before starting construction of any
pretreatment facility or any other facility not included under
Subsection A of this Section for the control of wastewater or storm
water discharges or for spill control or containment, the user shall
first obtain written approval from the Director. The Director shall
either approve or reject a pretreatment or other facility design
within 90 days after its submittal.
Section Four - Construction Inspections.
The Director shall have the right to inspect the work at any stage
of construction of any facility required pursuant to Section One of
this Article, or any connection to the District's system. The owner
or contractor shall notify the Director before any underground
portions are covered, and when the work is ready for final
inspection. Inspections shall be made within two (2) working days
following receipt of such notice by the Director unless the owner or
contractor agrees to a later time for the inspection.
Section Five - Management Plans Required.
A. Management plans for the control of accidental discharges or
slug discharges shall be provided when required by State or Federal
regulations or when, in the judgment of the Director, such plans are
necessary for the control of slug discharges or for the control of
pollutants that could be discharged to the District's system during
an accidental discharge on the user's premise. When required such
plans shall include, as a minimum, the following elements:
1. Description of discharge practices, including non-routine
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batch discharges.
2. Description of stored chemicals.
3. Procedures for notifying the District of any accidental
discharges or slug discharges pursuant to Article VIII,
Section Eight of this Ordinance.
4. Procedures to prevent accidental discharges or slug
discharges.
5. Procedures for containing spills that occur.
6. Measures for controlling toxic organic pollutants.
7. Procedures and equipment for emergency response.
8. Follow up practices to limit damage to the District's
system and the environment.
When a user has developed a similar plan under RCRA, CERCLA, or
other statutes and such plan provides adequate protection for the
District's system and the environment, the Director may accept that
plan as fulfilling the requirements of this subsection.
B. Solvent management plans shall be provided when required by the
Director or by any State or Federal regulation.
C. Storm water management plans shall be provided when required by
the Director or by any State or Federal regulation.
D. Any other management plans shall be provided when required by
the Director for the control of discharges or for the control or
containment of any raw materials, products, wastes or any other
substances which are potential pollutants if discharged into the
District's system or into a watercourse.
Section Six - Compliance Schedules.
When required pursuant to the provisions of Article VI, Section One
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or Section Three of this Ordinance, or when in the judgement of the
Director, a schedule is required to ensure compliance with any
provision of this Ordinance, a user shall develop a compliance
schedule which contains increments of progress toward meeting
applicable treatment or pretreatment standards, or storm water
discharge requirements or any provisions of this Ordinance. The
increments shall be in the form of dates for commencement and
completion of major events leading to the construction and operation
of treatment or pretreatment facilities or process changes. No
increment shall exceed nine months. The schedule shall provide for
the shortest period of time practicable for completion of necessary
facilities or process changes. When the schedule is for compliance
with newly promulgated categorical pretreatment standards, the final
date for compliance may not be later than the compliance date
contained in the standard.
Section Seven - Pollution Control Operations.
All facilities for the treatment, pretreatment, or control of
wastewater, cooling water or storm water or for spill containment
shall be maintained continuously in satisfactory and effective
operation by the user at the user's expense and shall be subject to
inspection as deemed necessary by the Director. The user shall
maintain operating records and shall submit all reports as
stipulated in Article VIII, and Article X, of this Ordinance.
Sludges, floatables and all other residuals removed during treatment
or pretreatment operations or from grease, oil and grit traps or
from spill containment facilities or from accidental discharge
remediation activities, shall be disposed of in accordance with
50
applicable local, State and Federal regulations.
Section Eight - Provisions for Monitoring.
A. When required by the Director, the user shall provide a
suitable manhole or other appurtenance in each building sewer and in
each regulated process discharge or at other suitable locations
determined necessary by the Director, to facilitate observation,
sampling, and measurement of all wastewater discharged from
regulated processes and all wastewater, cooling water or storm water
discharged from the user's premise into the District's system. Such
sampling points shall be located so as to ensure the ability to
collect samples which are representative of the user's daily
operations. All sampling points shall be designed and constructed in
a manner approved by the Director and shall be provided and
maintained by the user at the user's expense and shall be safe and
accessible at all times.
B. Whenever the Director determines that a public safety hazard
may exist due to the nature of a user's discharge, the Director
shall require the user to install and maintain at the user's expense
suitable monitoring devices to detect the presence of hazardous
conditions.
Section Nine - Safeguards Against Accidental/Slug
Discharges. Each user shall provide safeguards against accidental
discharges to the District's system of prohibited substances or of
regulated substances in excess of limitations and of slug
discharges. Facilities to prevent accidental discharges and slug
discharges shall be provided and maintained at the user's expense.
The user shall report all accidental discharges and slug discharges
51
to the Director in accordance with the provisions of Article VIII,
Section Eight of this Ordinance. Costs incurred by the District
during mitigation of accidental or slug discharge events and for the
repair of damages caused by such events, may be charged to the
responsible person as provided in Article IX, Section Six.
Section Ten - Employee Emergency Advisory.
Emergency notification procedures shall be permanently posted by the
user on bulletin boards or in other prominent places advising
employees whom to call in the event of an upset, accidental
discharge or slug discharge. At a minimum, notification shall be
made to the District's emergency response number. Other agencies
shall be notified as per applicable laws and regulations. Users
shall make certain that all employees who may be in a position to
cause or observe such incidents are advised of the emergency
notification procedures.
Section Eleven - Local Approvals.
Users who are required to construct or operate facilities under the
provisions of this Ordinance may be subject to local health and
building codes. It is the user's responsibility to ensure that all
such requirements are met.
ARTICLE VIII - USER REPORTS AND MONITORING
Section One - User Questionnaire.
When required by the Director any user as identified below shall
submit applicable User Questionnaires to the Director on forms
provided by the Director.
(1) Any user who discharges wastewater to the District's
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wastewater system, or storm water system or to a watercourse,
and who consumes at least fifty thousand (50,000) cubic feet of
water in a six month period.
(2) Any user who discharges or may discharge toxic
substances.
(3) Any user subject to Federal Categorical Pretreatment
Standards.
(4) Any user required to pretreat wastewater in accordance
with Article VI.
(5) Any user who discharges radioactive materials.
(6) Any user who discharges storm water associated with
industrial activity as defined in 40 CFR 122.26(b) or any user
who the Director determines is or may be contributing a
substantial pollutant loading to the District's storm water
system.
(7) Any other user not previously listed when the Director
determines that such information is required to ensure the
District's compliance with any State or Federal regulation or
with the provisions of this Ordinance.
Any user who has previously submitted a User Questionnaire may be
required to submit a new questionnaire at any time the Director
determines such information is necessary to ensure the District's
compliance with any State or Federal regulations or with any
provisions of this Ordinance. Unless so requested by the Director, a
user who submitted a questionnaire prior to enactment of this
Ordinance, is not required to submit a new questionnaire.
53
Section Two - Baseline Monitoring Report.
Any existing industrial user subject to a newly promulgated
categorical pretreatment standard or a new source or any source that
becomes subject to the standard after the promulgation of an
applicable categorical standard, shall submit a report to the
Director which contains the information required by 40 CFR
403.12(b). Existing users shall submit the report within 180 days of
promulgation of the standard. New sources and sources that become
subject to the standard after promulgation shall submit the report
at least 90 days before initiating discharge. The report shall
indicate whether or not applicable pretreatment standards are being
met on a consistent basis; and, if not, whether additional operation
and maintenance and/or additional pretreatment is required for the
user to meet applicable pretreatment standards and requirements. If
additional pretreatment and/or operation and maintenance will be
required to meet the standards, a schedule shall be developed by the
user, with the approval of the Director, to indicate when the user
will provide such additional pretreatment. The completion date in
the schedule shall not be later than the compliance date established
for the applicable pretreatment standards.
Section Three - 90 Day CPS Compliance Report.
When required by the Director, within 90 days following the date for
final compliance with applicable categorical pretreatment standards
(CPS) or following commencement of introduction of wastewater from a
new source into the District, any industrial user subject to the
standards shall submit a report to the Director which contains the
information required by 40 CFR 403.12(d).
54
Section Four - Self-Monitoring Reports.
A. When required by the Director or by State or Federal
regulations, any user who discharges any wastewater or storm water
to the District's system shall submit to the Director self-
monitoring reports identifying the nature and concentration or mass
of prohibited or regulated substances in discharges from regulated
processes or from the user's premises. The results shall be reported
as concentration if the pollutant limits are given in concentration
terms and shall be reported as mass if the pollutant limits are
given as mass. The report shall include a record of all measured or
estimated average and maximum daily flows during the reporting
period. Other information may be required based upon applicable
State and Federal regulations. The reporting period shall be
determined by the Director based upon the quantity or
characteristics of the discharge or the requirements of the State or
Federal regulations. All sampling and analyses performed to satisfy
this monitoring requirement shall be performed in accordance with
the provisions of Article X, Section Two of this Ordinance.
B. If a user performs monitoring using the methods specified in
Article X, Section Two, for BOD 5, COD, TSS or flow or for any
pollutants for which limitations or prohibitions are included in
this Ordinance or in the user’s permit or in any applicable State or
Federal regulation more often than required by the Director,
including when such monitoring has not been required by the
Director, the results of all such monitoring and flow measurements
shall be reported to the Director. Unless a different reporting
period is specified in a permit or other written directive, such
55
reports shall be submitted within twenty-eight (28) days after the
end of each calendar quarter in which such monitoring occurs.
C. When monitoring is performed for any toxic organic, the
analytical method employed may reveal the presence of organics other
than the toxic organic of initial interest. The results of all
organics identified during the analyses shall be reported. Any
organic, which is listed in an applicable Total Toxic Organics
standard and which is above the .01 mg/l threshold, shall be
included in the Total Toxic Organics summation.
D. Any monitoring results, which must be reported under the
provisions of this Ordinance, shall be reported to the degree of
accuracy attainable with the equipment and analytical techniques
employed. Rounding of results shall be done only to the extent
consistent with the equipment and technique. If an analytical
result is reported as “not detected,” the numerical value of the
detection limit shall also be reported.
E. When monitoring is performed for any parameter for which the
final result is the arithmetic sum of the results of analyses of
individual components (such as for Total Toxic Organics or Total
Metals): (1) The results of the individual components shall be
reported along with the summation; and (2) If any individual
component result is reported “not detected” the detection limit
value shall be reported and shall be included in the summation and
the sum reported as a “less than” value. For Total Toxic Organics,
only those detection limit values which are above the .01 mg/l
threshold are to be included in the summation.
F. If any sampling performed by a user using the methods specified
56
in Article X, Section Two indicates a violation of an applicable
limitation the user shall notify the Director within one business
day of becoming aware of the violation. The user shall resample the
discharge and shall submit the results of the resampling to the
Director within thirty (30) days of becoming aware of the violation.
G. If any sampling performed by a user using the methods specified
in Article X, Section Two produces an analytical result that is
reported as “not detected,” where the detection limit is greater
than the applicable limitation, the user shall notify the Director
and resample in the same manner as in paragraph F of this Section.
Resampling must be completed within the same reporting period as the
original sampling in order for the user to fulfill its self-
monitoring requirements.
Section Five - Production Reports.
A. All users subject to production based discharge limitations
shall submit to the Director periodic reports on production rates.
The first report shall be submitted within 90 days following the
date for final compliance with applicable categorical pretreatment
standards or following commencement of discharge from a new source
into the District. Thereafter, the reports shall be submitted at the
times specified by the Director. Users for which equivalent mass or
concentration limits have been established by the Director in
accordance with Article V, Section Two, subsection A, shall report a
reasonable measure of the user's long term average daily production
rate. For the initial report, the long term average daily production
rate should be based upon a minimum of one recent year's historical
data, if available, or upon well documented projections if such data
57
are not available. Subsequent reports shall contain actual average
daily production rates during the reporting period. All other users
subject to production based discharge limitations shall report the
actual daily production rates during the reporting period.
B. Any user for which the Director has converted production based
discharge limitations to equivalent mass or concentration limits
shall notify the Director within two (2) business days after the
user has a reasonable basis to know that the average daily
production rate will significantly change within the next calendar
month.
Section Six - Reports of New/Increased Discharge.
Any user planning a significant new or increased discharge, shall
notify the Director at least ten (10) business days prior to the
date of the planned increase or addition. The Director may exercise
the authority granted in Article VI, Section One to impose
conditions on the proposed increase or addition.
Section Seven - Compliance Schedule Progress Reports.
Any user for which a compliance schedule has been established within
a permit, administrative order or other document pursuant to the
provisions of this Ordinance, shall submit, to the Director, any
reports required within the compliance schedule.
A. Action Item reports, if required, shall be submitted to the
Director by the compliance dates specified in the schedule and shall
contain all of the information required.
B. A report of progress shall be submitted to the Director not later
than ten (10) business days following each Action Item compliance
date in the schedule and the final date for compliance or at such
58
frequency as the Director has determined necessary. Each progress
report shall state the status of compliance with the action item
requirement and shall explain the reasons for any delays, actions
being taken to return to schedule and the expected date the missed
action item will be completed.
Section Eight - Notification of Problem Discharge.
A. Unanticipated Discharge: In the event of any problem discharge
into the District's system, the user shall immediately notify the
Director by telephone of the incident and shall provide such
information as the Director may require at that time in order to
assess the impact of the incident on the District's system or on
water quality. Within five (5) business days following any such
incident, the user shall submit to the Director a detailed written
report which contains a description of the incident and its cause,
location within the user's facility, exact dates and
times of the period of problem discharge and, if not yet corrected,
the anticipated time the incident is expected to continue, and steps
taken or planned to correct the current incident and to reduce,
eliminate and prevent occurrences of future such incidents. Such
notification shall not relieve the user of any expense, loss,
damages, or other liability which may be incurred as a result of
damage to the District's system, fish kills, or any other damage
sustained by any person or property; nor shall such notification
relieve the user of any fines, criminal or civil penalties, or other
liability which may be imposed by this Ordinance or other applicable
law except that an upset, as defined in this Ordinance, shall
constitute an affirmative defense to an action brought for
59
noncompliance with pretreatment standards if the requirements in 40
CFR 403.16(c) are met.
B. Anticipated Discharge: If a user anticipates a need for a
pretreatment facility or treatment facility bypass which may cause
pretreatment or treatment standards or requirements to be violated,
the user shall notify the Director prior to commencing the bypass.
An anticipated bypass will be allowed only when the conditions
specified in Article V, Section Three, subsection D are met.
Section Nine - Hazardous Waste Discharge Report.
Any user who discharges to the District's wastewater system any
substance which, if otherwise disposed, is a listed or
characteristic waste in 40 CFR 261, shall submit to the Director a
report pursuant to the provisions in 40 CFR 403.12(p). Pollutants
already being reported to the Director pursuant to the provisions of
Section Four of this Article do not have to be included in this
report. Users who are initially exempt from this reporting
requirement because they do not discharge applicable quantities of
hazardous wastes are subject to the reporting requirements of
Section Six of this Article if they subsequently initiate discharge
of such wastes.
Section Ten - Non-District Operated Facilities Reports.
Any person who operates a wastewater system or wastewater treatment
facility or who discharges any wastewater, cooling water, storm
water or unpolluted water into any watercourse within the District
shall furnish such reports as may be required by the Director for
ascertaining compliance with this Ordinance.
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Section Eleven - Storm Water Reports.
When required by the Director, any user who discharges storm water
to the District's storm water system shall submit a report to the
Director which includes the following information:
(1) Name and address of the facility and name and
telephone number of a contact person.
(2) Location of the discharge on the user's property.
(3) Description, including SIC, which best reflects the
principal products or services provided by the facility.
(4) Any existing NPDES number for the discharge.
(5) Any of the information specified in 40 CFR 122.26(c)
which the Director determines is necessary.
(6) Any other information the Director determines is
necessary to evaluate compliance with this Ordinance and
with NPDES storm water regulations.
Any user who plans a new discharge of storm water associated with
industrial activity, as defined in 40 CFR 122.26(b)(14)(i) through
(14)(ix) and (14)(xi) shall submit such report at least 180 days
before initiating the discharge .
All other users who discharge storm water shall submit such reports
at the times specified by the Director.
Section Twelve - Other Reports.
Users shall submit any other reports required by the Director to
ensure compliance with the provisions of this Ordinance and with
applicable State and Federal regulations.
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ARTICLE IX - ENFORCEMENT
Section One - Notification of Violation.
Whenever any user is found to have violated or to be violating any
provision of this Ordinance or a discharge permit or order issued
pursuant to this Ordinance, the Director shall provide the user with
a notification of the nature of the violation and direct that
actions be taken to remedy the noncompliance. Within thirty (30)
days after receipt of the notice, unless a shorter time is specified
in the notice, a plan for the satisfactory correction thereof shall
be submitted by the user to the Director.
A. Verbal Notice: For a violation which involves the discharge or
imminent threat of discharge of pollutants by a user and which
presents or appears to present an immediate danger to the health or
welfare of humans, the Director may notify the user by
telephone or visit to take immediate action to discontinue or reduce
the discharge to safe levels or, in the case of an imminent threat,
to take appropriate actions to eliminate the threat within a
reasonable amount of time as established by the Director. Such
verbal notice shall be followed within five days by a written
notice.
B. Written Notice: For any violation other than one requiring
immediate action, the Director may notify the user by letter or by
order as provided in Section two of this Article of the nature of
the violation and require the user to take action to remedy the
noncompliance.
Section Two - Administrative Orders.
The Director is authorized to issue the following administrative
62
orders at any time he deems such action appropriate to secure timely
and effective compliance with this Ordinance or a discharge permit
or order issued pursuant to this Ordinance, whether or not any
previous notifications of violation have been provided to the user.
The user shall comply with the requirements specified in the order
and shall complete such actions and shall submit such reports as are
required within the order.
A. Cease and Desist Order: The Director may issue an order to
cease and desist a violation or an action or inaction which
threatens a violation and to direct the user to comply forthwith or
to take such appropriate remedial or preventive action as may be
needed to properly address the violation or threatened violation,
including halting operations and terminating the discharge.
B. Compliance Order: The Director may issue an order requiring a
user to provide within a specified period of time, such treatment,
pretreatment or discharge control facilities or related
appurtenances as are necessary to correct a violation or to prevent
a threatened violation. A compliance order may also direct that a
user provide improved operation and maintenance of existing
discharge facilities, conduct additional self-monitoring or submit
appropriate reports or management plans.
C. Show Cause Order: The Director may issue an order to show cause
why a proposed enforcement action should not be taken. Notice shall
be served on the user specifying the time and place for a meeting,
the proposed enforcement action and the reasons for such action, and
a request that the user show cause why the proposed enforcement
action should not be taken. Whether or not a duly notified user
63
appears as noticed, additional enforcement action may be initiated.
D. Consent Order: The Director may enter into consent orders,
assurances of voluntary compliance, or other similar documents
establishing an agreement with a user. Such orders shall include
specific actions to be taken by the user and specific time frames to
correct a violation or to remove the threat of a violation.
Section Three - Emergency Action.
When a user has failed to take action within the time established in
a notice or order to eliminate an imminent threat to humans or to
the environment or to the effective operation of District
facilities, the Director may take such action as deemed necessary,
including work by District personnel to eliminate the threat or to
mitigate the impact on the District's system or the environment. The
Director shall attempt to notify the user of the intended action,
but if unable to do so within a reasonable period of time, shall
proceed with the action.
Section Four - Legal Action and Penalties.
As an alternative to, or in addition to, the procedures set forth in
Sections One through Three of this Article, the Director may
initiate through counsel litigation for appropriate legal and/or
equitable relief in the City or County Courts having jurisdiction.
A. Injunctive Relief: Injunctive relief may be sought to restrain
a violation or threatened violation of any of the provisions of this
Ordinance.
B. Consent Decree: When deemed appropriate, the District may enter
into a consent decree with any person accused of a violation of this
Ordinance, prior to a full hearing on the issues.
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C. Penalties:
1. Any person who pleads or is found guilty of a violation
of this Ordinance shall be fined not more than One Thousand Dollars
($1000.00) or be imprisoned for a period of not more than one year,
or both such fine or imprisonment, for each violation. Each day in
which any such violation shall continue shall be deemed a separate
offense.
2. Consent orders may contain provisions for penalties for
past violation and/or for violations which may occur after the date
of the consent order.
Section Five - Liability Due to Violations.
A. Any person who violates any provisions of this Ordinance shall
be liable to the District for any expense, loss, or damage incurred
by the District due to such violation and for any penalties assessed
against the District by reason of such violation.
B. Actions taken by a user in response to notifications, orders or
enforcement activities initiated by the District pursuant to
Sections One through Three of this Article in no way relieve the
user of liability for any violations occurring before or after the
District's action.
Section Six - Recovery of Costs.
The Director may bill a user for the costs incurred by the District
for any work undertaken pursuant to the provisions of Article IV,
Section Two; Article VII, Section Nine; Article IX, Section Three
and Article X, Section Nine of this Ordinance. Failure to pay any
such assessed costs within thirty (30) days after demand has been
made shall constitute a violation of this Ordinance, enforceable
65
under the provisions of this Article, or notice may be filed in the
Office of the Recorder of Deeds of the City or County having
jurisdiction, as the case may be, whereupon such bill shall become a
lien against the property involved.
Section Seven - False Statements.
Any person who knowingly makes any false statements, representation
or certification in any application, questionnaire, record, report,
plan, drawing or other document filed or required to be maintained
pursuant to this Ordinance, or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method shall,
upon conviction, be subject to the penalties stipulated in Section
Four of this Article.
Section Eight - Publication of Violators.
Following the close of each fiscal year, a list of the users who
have experienced significant noncompliance of the pretreatment
limitations or requirements of this Ordinance during that year shall
be published by the Director in the largest daily newspaper
published in the District's service area. The notification shall
also summarize any enforcement action taken against the user during
the same period.
ARTICLE X - GENERAL PROVISIONS
Section One - Records Retention.
All persons subject to this Ordinance shall retain and preserve, for
not less than five (5) years, all records, books, documents,
memoranda, reports, sample analysis results, correspondence and any
and all summaries thereof relating to the monitoring, sampling and
66
chemical analyses of their discharge made by or on their behalf. All
records which pertain to matters which are the subject of
administrative action or any other enforcement or litigation
activities brought by the District shall be retained and preserved
by such persons until all enforcement activities have been concluded
and all periods of limitation with respect to appeals have expired.
Section Two - Sampling and Analytical Procedures.
A. All sampling and analyses performed to satisfy the monitoring
and reporting requirements of this Ordinance shall be performed in
accordance with the techniques prescribed in 40 CFR 136 and
amendments thereto unless other techniques are prescribed for
specific parameters or specific circumstances.
B. Sampling of discharges subject to categorical standards and
sampling of discharges to the District's wastewater system shall be
conducted in such a manner as to ensure that the results of
individual samples (whether grab or composite) are representative of
daily operations and that the results of all samples during the
reporting period are representative of the conditions during the
reporting period. When the Director has required that composite
sampling be performed and when the user can demonstrate, to the
Director’s satisfaction, that the user’s discharge is uniform in
pollutant discharge rate and/or concentration, over the required
period of sampling, the Director may authorize collection of grab
samples to demonstrate compliance with the applicable limitations.
When use of a grab sample is authorized for any pollutant subject to
the limitations contained in Article VI, Section Two, Paragraph C of
this Ordinance, such sample shall be considered equivalent to a
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composite sample and shall be subject to the applicable Daily
Average limitation just as if the sample had been a composite
sample.
C. Sampling of discharges to a separate storm sewer shall be
conducted in accordance with 40 CFR 122.21(g)(7)(i) and (ii) and any
applicable State regulation or as specified in any NPDES permit or
District permit issued for such discharges or as specified by the
Director.
D. When a user employs, at the point of discharge from the user’s
property to the District’s wastewater system or at another
monitoring point designated by the Director, continuous monitoring
techniques for temperature, pH or LEL and maintains records of the
temperature, pH or LEL continuously monitored, the user shall meet
the temperature, pH and LEL prohibitions and limitations specified
in Article V of this Ordinance and in any applicable categorical
standard, except that unintentional and temporary excursions above
the temperature, LEL and upper pH values and below the lower pH
values are allowed so long as:
(1) The total time during which temperature values are above
the prohibition or limitation levels does not exceed Eight (8)
hours in any calendar month;
(2) The total time during which pH values are outside the
prohibition or limitation levels does not exceed Eight (8)
hours in any calendar month;
(3) The total time during which LEL readings are above the
prohibition level of 10%, but no greater than 40%, does not
exceed eight (8) hours in any calendar month;
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(4) No individual excursion exceeds sixty (60) minutes in
length;
(5) No individual LEL reading exceeds 40%; and
(6) No excursion results in or contributes to violations of
the prohibitions in Article V, Section One, Subsections A.1,
A.8 or A.14 or otherwise endangers life, limb or property or
causes a public nuisance.
When the Director determines that a sixty minute excursion by any
user will or may result in a violation as described in (4) above,
the Director may establish a shorter allowable duration for that
discharger.
Section Three - Certifications on Applications and
Reports.
A. All reports, questionnaires or applications required to be
submitted to the Director pursuant to the provisions of this
Ordinance shall contain the following certification statement:
"I certify under penalty of Law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
B. All reports, questionnaires and applications must be signed as
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follows:
(1) By a responsible corporate officer if the user is a
corporation.
(2) By a general partner if the user is a partnership.
(3) By the proprietor if the user is a sole proprietorship.
(4) By a duly authorized representative of the individual
designated in 1, 2 or 3 if that individual submits a written
authorization to the Director and the authorization specifies a
person or position having responsibility for the overall
operation of the facility from which the discharge originates,
such as a plant manager, or overall responsibility for
environmental matters at the company. A new authorization must
be submitted to the Director anytime the person or position
changes.
Section Four - Data Verification.
When the Director determines it is necessary to verify any data
reported on any application or any User Questionnaire or any other
reports submitted pursuant to the provisions of this Ordinance, the
Director may sample wastewater or storm water discharges or
potential sources of pollutant discharges from an applicant or a
user. Samples may be collected by the District on a periodic or
continuous basis as required to verify reported data. The analytical
information obtained from such sampling, if substantially different
from reported data, may be used in lieu of the information reported
by the applicant or user. If deemed necessary, an extended,
comprehensive sampling program may be conducted after notice to the
user by the Director to obtain additional discharge or source data
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necessary for verification of reported data. The analytical results
obtained from said program may also be used in lieu of reported
values for each source or potential source of pollutant discharge.
If a comprehensive sampling program is deemed necessary, all
equipment installation, sampling, and analysis costs shall be borne
by the user in accordance with applicable Ordinances. If the user
elects to make the sampling or monitoring installations with the
user's own personnel, each installation shall be of a type and
configuration acceptable to the Director. The hours of operation of
any gauging or sampling station shall be the time required, as
approved by the Director, to obtain representative samples of the
effluent discharged and to conduct necessary analytical examinations
of the samples collected.
Section Five- Right of Entry.
In order to ensure compliance with the provisions of this Ordinance
and applicable State and Federal regulations, District
representatives may inspect a user's treatment, pretreatment or
discharge control facilities, or any process or any area of the
user's premise which may be a source of any discharge or a source of
any pollutants contained in any discharge into the District's
wastewater or storm water system or any watercourse; conduct
sampling of such facilities, processes or areas; and examine or copy
any user's records related to such discharges. Any duly authorized
representative of the District upon presentation of proper
credentials and after execution of appropriate confidentiality
agreements shall be permitted access to appropriate areas of a
user's premises without prior notice for these purposes. A
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representative of the user shall, if appropriate, accompany the
District representative while the work is being performed and shall
assure that all applicable safety rules are being observed by the
District's representative.
Section Six - More Stringent State and Federal and Local
Regulations.
A. In any instance in which the State government or Federal
government modifies an existing regulation or promulgates a new
regulation which establishes treatment, pretreatment or discharge
standards or requirements for new or existing users which are more
stringent than those contained in this Ordinance, such State or
Federal requirements shall, on the effective date of the new
regulations, supersede the less stringent provisions of this
Ordinance and shall be fully enforceable under this Ordinance as if
fully set out herein.
B. In any instance in which a State, Federal or local government
agency imposes restrictions or limitations on the use of or
discharges to any facilities regulated by this Ordinance which are
more stringent than the provisions of this Ordinance, such
restrictions or limitations shall take precedence within the
jurisdictional area of the State, Federal or local government
agency.
Section Seven - Applicable Charges and Fees.
A. All users shall pay the sewer use charges and capital
improvement surcharges authorized by applicable District Ordinances.
Nonresidential users who discharge wastewater containing BOD5, COD
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or TSS in excess of the concentrations of those substances in normal
wastewater may be subject to extra strength surcharges as authorized
by applicable District Ordinances.
B. Charges or fees to provide for the recovery of costs associated
with implementation and enforcement of this Ordinance shall be as
stated in the applicable District Ordinances. These fees shall be in
addition to the normal sewer use charges.
Charges and fees may include:
1. Fees for monitoring, inspections and surveillance;
2. Fees for laboratory analyses.
3. Fees for permit applications
4. Appeal fees;
5. Charges for emergency actions or repairs;
6. Other fees necessary to carry out the requirements
stipulated herein.
Section Eight - Entry to District Facilities Prohibited
No person, other than an authorized employee of the District, shall
enter any manhole, sewer, structure, appurtenance or any other
component of the District’s wastewater system or storm water system
for any purpose unless they have first obtained written approval
from the Director.
Section Nine - Damage to Property.
No person shall willfully damage, destroy, uncover, deface, alter,
or tamper with any structure, appurtenance, sampling equipment, flow
monitoring equipment, or equipment which is a part of the District's
system.
Any person who willfully or negligently damages any structure,
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appurtenance, or equipment which is a part of the District's system
shall be liable to the District for all loss and expense.
Section Ten - Conflicting Ordinances.
Ordinance 8472, adopted August 14, 1991 and all other Ordinances or
parts of Ordinances in conflict herewith are hereby repealed.
Section Eleven - Liability Under Previous Ordinances.
Nothing contained in this Ordinance shall be construed as abating
any action now pending under or by virtue of Ordinance 8472 herein
repealed; or as discontinuing, abating, modifying or altering any
penalty accrued or to accrue, or as affecting the liability of any
person, firm or corporation, or as waiving any right of the District
under the provisions of Ordinance 8472.
Section Twelve - Severability.
The invalidity of any section, clause, sentence, or provision of
this Ordinance shall not affect the validity of any other part of
this Ordinance which can be given effect without such invalid part.
Section Thirteen - Right to Confidentiality.
Information and data obtained from applications, questionnaires,
permits, monitoring programs and inspections and any other required
reports or documents shall be available for inspection by the public
or any government agency without restriction, unless a user
specifically states that the release of such information would
divulge information, processes, or methods of production entitled to
protection as trade secrets of the user. Any information submitted
to the Director may be claimed as confidential in accordance with
applicable Federal regulations. Any claim of confidentiality must be
made at the time of submittal by stamping the words "Confidential
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Business Information" on each page containing such information. When
requested by the user furnishing the report, the portion 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 upon written request to governmental agencies for uses
related to regulation of the user's discharge; subject however to
the confidentiality provisions of 40 CFR, Part 2 which are
incorporated by this reference as applicable to the District to the
same extent Part 2 is applicable to EPA, or any applicable Missouri
law. In the event that a party to any judicial or administrative
proceeding or any court or any administrative agency (except as
specified above) demands or subpoenas or orders the production of
any such confidential information, the District shall immediately
notify the person who supplied such information so that person shall
have the opportunity to secure judicial or administrative relief to
preserve such confidentiality. Unless such person gets such relief,
the District will comply with such demand, subpoena or order if it
is legally required so to do. Wastewater constituents and
characteristics will not be recognized as confidential information.
Persons, other than authorized representatives of the United States
Environmental Protection Agency or the Missouri Department of
Natural Resources, requesting to review information and data must do
so in writing and must pay all applicable costs associated with the
preparation and copying of such information and data.
Section Fourteen - Right to Amend Ordinance.
The District reserves the right to amend this Ordinance in any
manner and to establish more stringent limitations or requirements
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where deemed necessary to comply with the objectives set forth in
Article I, Section Two of this Ordinance.
Section Fifteen - Appeals.
Any user who claims to be aggrieved by an act of, or failure to act
by, the Director may appeal to the District's Executive Director or
may take such other action as provided for within the MSD Plan. A
written petition of appeal may be filed with the Board within thirty
(30) days of the Director's act or failure to act. At its next
regularly scheduled meeting the Board shall set a time for hearing
the appeal and shall give written notice to the parties, stating the
time and place for the hearing. The hearing shall be set for a date
not later than sixty (60) days from the date of the Board meeting.
The Board shall decide the appeal within 30 days after the hearing
and shall notify the parties in writing of its decision.
Section Sixteen – Effective Date.
This ordinance shall become effective on January 1, 2008.
The foregoing Ordinance was adopted December 13, 2007.