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HomeMy Public PortalAbout04786REPEALED BY ORDINANCE NO. 8472- 8/14/91 METROPOLITAN ST. LOUIS SEWER DISTRICT Ordinance No. 4786 Table of Contents Page Article I - Purpose and Definitions 3 Section One - Purpose of Ordinance 3 Section Two - Definitions 4 Article II - Non-District Operated Disposal Systems 12 Section One - Connection to District Wastewater 12 System Required Section Two - Non-District System Required 13 Section Three - Prohibited Facilities 13 Section Four - Construction Permit 13 Section Five - Construction Inspection 14 Section Six - Design Requirements 14 Section Seven - Operation and Maintenance 14 Section Eight - Right to Inspect 14 Article III - Prohibited Discharges 15 Section One - Waste Discharges 15 Section Two - Unpolluted Water Discharge 15 Section Three - Open Connections 15 Article IV - Prohibited Wastes 16 Section One - Prohibited Materials 16 Section Two - Restricted Substances 18 Section Three - Alternatives for Prohibited 21 or Restricted Discharges Section Four - Special Agreements 22 Section Five - Dilution Prohibited 22 Section Six - Accidental Discharge 23 Article V - Pretreatment Facilities 23 Section One - Drawings, Specifications and 23 Compliance Schedules Section Two - Pretreatment Operations 23 Section Three - Monitoring Requirements 24 Section Four - Grease, Oil, and Sand Traps 24 2 Article VI - Administrative Procedures 25 Section One - Industrial User Pretreatment 25 Questionnaire Section Two - Questionnaire Verification 26 Section Three - Provisions for Monitoring 27 Section Four - Right of Monitoring 27 Section Five - Applicable Charges and Fees 27 Section Six - Permit Requirements 28 Section Seven - Discharge Reports 29 Section Eight - Non-District Operated Facilities 29 Reports Section Nine - Accidental Discharge Reports 30 Section Ten - Pretreatment Facilities Reports 30 Article VII - Enforcement 31 Section One - Enforcement Procedures 31 Section Two - Legal Actions - Penalties 32 Section Three - Liability Due to Violations 33 Section Four - Charges Due to Violations 33 Section Five - False Statements 34 Section Six - Publication of Violations 34 Article VIII - General Provisions 34 Section One - Records Retention 34 Section Two - Determination of Wastewater Characteristics 35 Section Three - Right of Entry 35 Section Four - Federal or State Regulations 35 Section Five - Unlawful Obstruction 36 Section Six - Damage to Property 36 Section Seven - Conflicting Ordinances 36 Section Eight - Liability Under Previous Ordinances 36 Section Nine - Severability 36 Section Ten - Right to Confidentiality 37 Section Eleven - Right to Amend Ordinance 38 Section Twelve - Appeals 38 3 O R D I N A N C E NO. 4786 AN ORDINANCE regulating the use of public and private sewers and drains, residential, industrial, commercial and semi- public wastewater systems, and the discharge of waters and wastes into the public wastewater system, drainage channels, watercourses, or outlets; and providing penalties for the violation thereof; and repealing Ordinance No. 2289, adopted May 3, 1972. WHEREAS, it is deemed necessary in the interest of public health and welfare to reasonably regulate the discharge of certain wastes, and WHEREAS, regulation and inspection are necessary because certain wastes may damage or interfere with the operation of the District's wastewater system and related appurtenances or interfere with the wastewater treatment processes if discharged into the District's wastewater system, or pass through the treatment facilities and contaminate the receiving waters or contaminate the sludge, and it is deemed necessary, therefore, to preclude or limit certain wastes from entering said wastewater system. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: ARTICLE I - PURPOSE AND DEFINITIONS Section One - Purpose of Ordinance. This ordinance 4 sets forth uniform requirements for discharges into the District's wastewater system and enables the District to protect public health and the environment and to conform to applicable State and Federal laws. The objectives of this ordinance are: 1. To prevent the introduction of pollutants into the wastewater system which may damage or interfere with the operation of the system. 2. To prevent the introduction of pollutants into the wastewater system which may interfere with the wastewater treatment processes. 3. To prevent the introduction of pollutants into the wastewater system which will pass through the system inadequately treated into the receiving waters, or the atmosphere, or otherwise be incompatible with the system. 4. To prevent the introduction of pollutants into the wastewater system which will interfere with sludge management options. Section Two - Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: BOD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in 5 days as determined by Standard Methods and expressed in milligrams per liter. 5 BUILDING SEWER shall mean the sewer extension from the building drain to the public sewer or other place of disposal. COD (denoting Chemical Oxygen Demand) shall mean the quantity of oxygen utilized in the chemical oxidation of organic and inorganic matter as determined by Standard Methods and expressed in milligrams per liter. COOLING WATER shall mean the water discharged from any system of condensation, air conditioning, cooling, refrigeration, or other, but which shall be free from odor and oil. It shall contain no polluting substance which would produce BOD or suspended solids each in excess of 30 milligrams per liter and/or any toxic substance. COMBINED SEWER shall mean a pipe or conduit designed and intended to receive and convey wastewater, storm water including roof and street drainage, unpolluted water and cooling water. COMMERCIAL shall mean any person not classified as residential, industrial, or semi-public. DIRECTOR shall mean the Executive Director of The Metropolitan St. Louis Sewer District, or his duly authorized representative. DISTRICT shall mean The Metropolitan St. Louis Sewer District. DRAINAGE CHANNEL shall mean any artificially constructed open channel, ditch, swale, or flume, whether lined or unlined, for the drainage of stormwater, surface water or groundwater. 6 EPA shall mean the United States Environmental Protection Agency. FEDERAL CATEGORICAL PRETREATMENT STANDARD or PRETREATMENT STANDARD shall mean any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Clean Water Act (33 U.S.C. 1251 et. seq., as amended) and which apply to a specific category of industrial user. GARBAGE shall mean every 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. GROUNDWATER shall mean water pertaining to, formed, or occurring underneath the surface of the earth. INDUSTRIAL CONNECTION SEWER shall mean that portion of sewer line required to carry the wastewater of any industrial or commercial establishment from the last point of wastewater entry on the premises to a public sewer or to carry the discharge from any industrial pretreatment facility to a public sewer. INDUSTRIAL PRETREATMENT FACILITY shall mean any treatment facility used or intended to be used for the specific treatment of industrial waste in which other waste may or may not be present and which discharges to the District's wastewater system. INDUSTRIAL WASTE shall mean the water-borne wastes from industrial processes, as distinct from sanitary wastewater. 7 INDUSTRIAL WASTE TREATMENT PLANT shall mean any treatment plant device or facility used or intended to be used for the specific treatment of industrial wastes in which other wastes may or may not be present, prior to discharge directly to a watercourse or outlet; provided, that a pretreatment facility in a public wastewater system shall not be so designated. INDUSTRY or INDUSTRIAL shall mean any person identified in Division A, B, D, E or I of the Standard Industrial Classification Manual. INTERFERENCE shall mean the inhibition or disruption of the POTW wastewater system or its operations by the introduction of a pollutant which causes, or significantly contributes to a violation of any requirement of the District's NPDES Permit. The term includes prevention of use or interference with disposal of sludge by the POTW in accordance with Section 405 of the Clean Water Act (33 U.S.C. 1345) or any criteria, guidelines, or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Resource Conservation and Recovery Act (RCRA), or more stringent State criteria (including those contained in any Missouri sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed by the POTW. Pollutants in the discharge from an industrial user shall not be considered to cause interference where the industrial user is in compliance with specific prohibitions or standards developed by Federal, State or local governments. 8 OUTLET shall mean any point of discharge into a watercourse, pond, lake other body of surface or ground water. NORMAL WASTEWATER shall mean waters or wastes having (a) a 5 day BOD not greater than 300 milligrams per liter; and (b) containing not more than 350 milligrams per liter of suspended solids. NPDES PERMIT shall mean a permit issued under the National Pollutant Discharge Elimination System pursuant to Section 402 of the Clean Water Act (33 U.S.C. 1342). PASS THROUGH shall mean the discharge of pollutants through the POTW into navigable waters in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). A user significantly contributes to such permit violation where it: (1) Discharges a daily pollutant loading in excess of that allowed by contract with the POTW or by Federal, State, or local law; (2) Discharges wastewater which substantially differs in nature and constituents from the user's average discharge; (3) Knows or has reason to know that its discharge, alone or in conjunction with discharges from other sources, would result in a permit violation; or (4) Knows or has reason to know that the POTW is, for any reason, violating its final effluent limitations in its permit and 9 that such user's discharge either alone or in conjunction with discharges from other sources, increases the magnitude or duration of the POTW's violations. PERSON shall mean any individual, firm, proprietorship, partnership, company, municipality, association, society, corporation, group, or other entity. pH shall mean the negative logarithm of the reciprocal of the hydrogen ion concentration or activity in a solution. PRIVATE SEWER shall mean a sewer within the boundaries of the District but not owned or controlled by the District. PRETREATMENT shall mean the reduction or elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to discharge to the District's wastewater system. PUBLIC SEWER shall mean a sewer in which all owners of abutting properties have equal rights and is controlled by the District. RESIDENTIAL shall mean premises used only for human residency and shall include subdivisions, single family dwellings, two family dwellings, and multifamily dwellings. SANITARY WASTEWATER shall mean wastewater free from groundwater, surface water, stormwater, or industrial or commercial wastes; emanating from the sanitary conveniences, including toilet, bath, laundry, lavatory, and/or kitchen sink, of private, commercial, industrial or semi-public sources. 10 SANITARY SEWER shall mean a pipe or conduit designed and intended to receive and convey wastewater as defined herein. SEMI-PUBLIC shall mean a governmental, institutional, educational or municipal building or structure. SEWER shall mean a pipe or conduit for conveying wastewater and other liquid wastes. SHALL is mandatory; MAY is permissive. STANDARD INDUSTRIAL CLASSIFICATION MANUAL, shall mean the latest edition of said publication issued by the Executive Office of the President, Office of Management and Budget. STANDARD METHODS shall mean the latest edition of "Standard Methods for the Examination of Water and Wastewater" as published jointly by the American Public Health Association, The American Water Works Association, and the Water Pollution Control Federation. STATE shall mean the state of Missouri. STORM SEWER or STORM DRAIN shall mean a pipe or conduit designed and intended to receive and convey storm or unpolluted water, as defined herein. STORMWATER shall mean any water resulting from precipitation which may or may not be mixed with an accumulation of dirt, soil, and other debris or substances collected from the surfaces on which such precipitation falls or flows. SURFACE WATER shall mean all water appearing on the surface in a diffused state, with no permanent source of supply or regular 11 course for any considerable time, as distinguished from groundwater or water appearing in watercourses, lakes, or ponds. SUSPENDED SOLIDS shall mean solids that either float on the surface of, or are suspended in water, wastewater, or other liquids; as determined by analysis for nonfilterable residue, in accordance with Standard Methods. TOXIC SUBSTANCE shall mean any substance whether gaseous, liquid or solid which, when discharged to a wastewater system or watercourse in sufficient quantities, interferes with or passes through any wastewater treatment process, or constitutes a hazard to human beings, animal life, plant life, or inhibits aquatic life. UNPOLLUTED WATER shall mean water containing any of the following materials in concentrations at or below the level of detection of the most sensitive analytical technique currently available: Free or emulsified grease or oil; phenolic compounds or other substances imparting taste and/or odor, toxic or poisonous substances in suspension or solution; and noxious or odorous gases; not more than 1000 milligrams per liter of dissolved solids, of which not more than 250 milligrams per liter shall be as chloride; and not more than 250 milligrams per liter shall be as sulfate; and not more than 30 milligrams per liter each of suspended solids and BOD. The color shall not exceed thirty units. (The unit of color being as outlined in Standard Methods.) 12 The pH shall be between 6.5 and 10.0. Discharges shall not be of a temperature higher than 90 degrees Fahrenheit (32 degrees Celsius). USER shall mean any person who discharges, or causes the discharge of wastewater into the District's wastewater system. WASTE shall mean any material other than water which is accidentally or purposely discarded into the wastewater system. WASTEWATER. shall mean the water-borne wastes and/or sanitary wastewater as defined herein, emanating from residential, commercial, industrial, or semi-public sources, singular or in any combination; together with such groundwater, surface water, or stormwater as cannot be avoided. WASTEWATER TREATMENT FACILITY shall mean any device or arrangement of devices and/or structures used for treating wastewater. WASTEWATER SYSTEM shall mean all facilities for collecting, conveying, pumping, and treating of wastewater and the discharging of treated wastewater. WATERCOURSE shall mean a natural or manmade surface drainage channel or body of water in which a flow of water occurs, either continuously or intermittently. WATERS OF THE STATE shall mean all rivers, streams, lakes and other bodies of surface of subsurface water lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a 13 person. ARTICLE II - NON-DISTRICT OPERATED DISPOSAL SYSTEMS Section One - Connection to District Wastewater System Required At such time as a public sewer becomes available to a property served by a residential, commercial, industrial or semi- public wastewater system a direct connection shall be made to the public 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 sewer shall be considered available if it is within one hundred fifty (150) feet of any legal boundary of the property to be connected to the sewer. Any septic tank, cesspool, lagoon, or similar residential, commercial, industrial or semi-public wastewater treatment facility shall be abandoned and filled with suitable material unless such system is to be used for pretreatment of waste-water prior to discharge to the District's wastewater system. Connection to the District wastewater system will not be required in the case of a sewer constructed and owned or operated by any industry in accordance with the rules and regulations of the District; provided the discharge from said sewer enters into a watercourse, as defined herein, and fully complies with applicable Federal and State laws, rules, and regulations (e.g. authorized by NPDES permit discharge regulations). Section Two - Non-District System Required. Where a public sanitary sewer is not available under the provisions of this 14 Ordinance, the building sewer shall be connected to a residential, commercial, industrial, or semi-public wastewater system approved by the Director and complying with the provisions of this article. Section Three - Prohibited Facilities. Except as hereinafter provided, it shall be unlawful to install any cesspool, septic tank, lagoon, or other facility intended or used for treatment of wastewater without the approval of the Director. Section Four - Construction Permit. Before starting construction of any residential, commercial, industrial, or semi- public wastewater system or treatment facility, where suitable public sewers are not available, the owner thereof shall first obtain a construction permit from the District. The application for such permit shall be made on a form furnished by the District. The applicant shall supplement said application by drawings, specifications and other data as may be required by the Director. If sub-surface discharge is proposed, soil absorption tests shall be performed as required by the District and the results of such tests shall be submitted to the District. A plan review and connection fee and a permit and inspection fee shall be paid to the District at the time the application is filed. Section Five - Construction Inspection. The District shall have the right to inspect the work at any stage of construction. The owner shall notify the District before any underground portions are covered, and when the work is ready for final inspection. Inspections shall be made within two (2) working days 15 following receipt of such notice by the District. Section Six - Design Requirements. The type, capacities, location, and layout of a residential, commercial, semi-public, or industrial wastewater system or treatment facility shall comply with all requirements of the Department of Natural Resources of the State of Missouri, and with all applicable rules, regulations, and specifications of the District. Section Seven - Operation and Maintenance. The Owner of any residential, commercial, semi-public, or industrial wastewater system shall operate and maintain said system and all portions thereof in an efficient and satisfactory manner at all times, at no expense to the District. Such facilities shall be subject to inspection by the District at all times and shall be subject to record keeping and reporting requirements stipulated in Article VI, Section Eight and Article VIII, Section One of this Ordinance. Section Eight - Right to Inspect. The Director shall have the right to make such surveys, inspections, investigations, and studies of wastewater systems, watercourses, and outlets as may be necessary to determine that all wastewater systems are installed, operated, and maintained in accordance with the provisions of this Ordinance and applicable State and Federal regulations. ARTICLE III - PROHIBITED DISCHARGES Section One - Waste Discharges. It shall be unlawful for any person to discharge or deposit into any outlet, drainage 16 channel, or watercourse within the District any wastewater, industrial wastes, garbage, trash, or any other substance which constitutes a nuisance or hazard to the public health or the environment. The effluent from a properly designed and approved wastewater treatment facility and unpolluted water, as defined herein, shall be acceptable for discharge directly to a watercourse, lake, or pond within the District, provided such discharge is in compliance with Federal and State regulations (e.g. authorized by NPDES permit discharge regulations). Section Two - Unpolluted Water Discharge. No person shall discharge or cause to be discharged any stormwater, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted water into any sanitary sewer. Any connection, drain or arrangement which will permit any such waters to enter any sanitary sewer shall be deemed to be in violation of this Ordinance. Stormwater and all unpolluted water shall be discharged into combined sewers or storm sewers only, or an outlet approved by the Director. Section Three - Open Connections. It shall be unlawful for any person constructing a sewer, a house or building sewer, or an industrial connection sewer to leave such connection open, unsealed, or incomplete in a manner which will permit storm or surface water to enter any sanitary sewer or combined sewer within the District. All such openings shall be tightly sealed at all points whenever work is not actually in progress on such sewer or 17 connection. ARTICLE IV - PROHIBITED WASTES Section One - Prohibited Materials. No person shall discharge or cause to be discharged into any public sewer any of the following materials: 1.Any gasoline, benzene, naphtha, diesel fuel, fuel oil, or other flammable or explosive liquid, solid, or gas 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; 2.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. 3.Any solid or substance in quantities capable of causing obstruction to the flow in sewers, or interference with the proper operation of any portion of the wastewater system such as, but not limited, to the following substances: ashes, cinders, sand, bones, mud, straw, shavings, scrap metal, glass, rags, feathers, tar, plastics, wood, paunch manure, hair and flesh, entrails, lime slurry, lime residues, beer or distillery slops, chemical or paint residues, cannery waste, bulk solids, shredded paper, cardboard or similar wastes; 4.Any noxious or malodorous gas or other substance such as detergent foam, which either singly or by interaction with other wastes, is capable of creating a public nuisance or 18 hazard to life or of preventing safe entry into sewers for purposes of inspection, maintenance, or repair; 5.Any wastes which are highly colored, such as concentrated dye wastes or spent tanning solutions. 6.Any water or waste containing any substance that will solidify or become discernably viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Celsius) such as grease, oil, or any other viscous substance in quantities capable of causing obstruction to the flow in sewers or interference with the proper operation of any portion of the wastewater system. 7.Any water or waste which by itself or by interaction with other materials, emits chemical contaminants into the atmosphere of any confined area of the wastewater system at levels in excess of Threshold Limit Values (TLV) established for air- borne contaminants by the American Conference of Governmental Industrial Hygienists (ACGIH) or the Occupational Safety and Health Administration (OSHA). 8.Any water or wastes which may harm or interfere with the operation of the wastewater system, have an adverse effect on the receiving watercourse, or may otherwise endanger life, limb, or property or constitute a public nuisance. Section Two - Restricted Substances. A. No person shall discharge or cause to be discharged into any public sewer 19 any of the following substances in excess of stated quantities or concentrations without first having obtained prior approval from the Director: 1.Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius). 2.Any water or wastes having corrosive properties capable of causing damage or hazard to structures, equipment or personnel of the wastewater system. Free acids and alkalies of such wastes must be neutralized to a pH ranging from 5.5 to 10.5 prior to discharge. 3.Toxic substances, as listed below, shall not exceed the following 24 hour average concentration in the wastewater, as measured at a point prior to discharge to the public sewer, and at no time shall the concentration at said point exceed three (3) times the average 24 hour concentration given herein regardless of rate of wastewater flow: Instantaneous 24-Hour Average Maximum Allowable (milligram/liter) (milligram/liter) Antimony 0.5 1.5 Arsenic 0.5 1.5 Barium 10.0 30.0 Beryllium 10.0 30.0 Cadmium 0.1 0.3 Chromium (total) 5.0 15.0 20 Copper 1.5 4.5 Iron 15.0 45.0 Lead 0.2 0.6 Mercury 0.03 0.09 Nickel 2.0 6.0 Selenium 0.2 0.6 Silver 0.5 1.5 Zinc 3.0 9.0 Note: Concentrations listed above are total substance (dissolved plus suspended). 4.Any waters or wastes containing cyanides amenable to chlorination, expressed as CN, in excess of two milligrams per liter or total cyanide expressed as CN in excess of ten milligrams per liter. 5.Any water or wastes that contain more than ten milligrams per liter of hydrogen sulfide, sulfur dioxide, nitrous oxide, or chlorine gas; 6.The introduction of radioactive material subject to Federal or State regulations into the wastewater system shall be permitted only if special authorization is obtained from the Director prior to the introduction of such materials. In general, the decision of the Director will be in accordance with the principles set out in applicable Federal and/or State regulations. Any radioactive material discharged to 21 the wastewater system must be readily soluble or dispersible in water. 7.Any wastes which are of unusual volume, concentration of solids, or composition, as for example in total suspended solids of inert nature (such as Fuller's earth) and/or in total dissolved solids (such as sodium chloride, calcium chloride, or sodium sulfate) or which have a BOD which exceeds the standards of normal wastewater. 8.Any water or wastes containing emulsified oil and grease exceeding 100 milligrams per liter as measured by freon extraction. 9.Any water or wastes containing phenolic compounds in excess of 7.0 milligrams per liter. B. Limits established in this section may be modified and the volume and concentration of contributions from users may be subject to more stringent requirements by the Director so that the aggregate contributions within each of the District's treatment areas of service do not cause treatment difficulties, or produce a wastewater or treatment facility effluent, air emission or sludge discharge in violation of the limits and requirements of applicable Federal and State regulations. C. In any instance in which Federal and/or State requirements or limitations are more stringent than the limitations set forth in this Ordinance, said requirements and limitations on discharges shall be met by all users subject to 22 such requirements or limitations. Section Three - Alternatives for Prohibited or Restricted Discharges. A. If any wastewater containing any of the substances or possessing any of the characteristics enumerated in Article IV of this Ordinance or which, in the judgment of the Director, may interfere with the wastewater system or have a harmful effect on receiving waters, or which may create a health hazard or constitute a public nuisance, is discharged or is proposed to be discharged into the wastewater system, the Director may: 1.Refuse to allow discharge of the waste into the District's wastewater system. 2.Require pretreatment to a condition acceptable for discharge into the wastewater system, 3. Require control over the quantities and rates of discharge, 4.Require payment to cover added cost of handling and treating the wastes not covered by existing taxes or sewer charges, 5.Require the development of compliance schedules for meeting any applicable pretreatment standards, 6.Require the submission of reports necessary to assure compliance with any applicable pretreatment standards, 7.Carry out all inspections, surveillance, and monitoring necessary to determine compliance with any applicable 23 pretreatment standards, 8.Obtain remedies for noncompliance by any user. Such remedies may include injunctive relief, the civil penalties specified in Article VII of this Ordinance, or appropriate criminal penalties, and/or 9. Terminate service. B. When considering the above alternatives, the Director shall ensure that the District is in compliance with all Federal and State requirements or 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. If the Director permits the pretreatment or equalization of waste flows, the design and installation of the facilities and equipment shall be subject to review and approval by the Director. The Director shall either approve or reject the pretreatment design within 90 days after its submittal. Section Four - Special Agreements. Nothing in this article shall be construed as preventing any special agreement or arrangement between the District and any user of the wastewater system whereby wastewater of unusual strength or character is accepted into the system and specially treated subject to any payments or user charges as may be applicable. Section Five - Dilution Prohibited. No user shall increase the use of potable or process water in any way for the purpose of 24 diluting a discharge as a partial or complete substitute for pretreatment required to comply with the provisions of this Ordinance. Section Six - Accidental Discharge. Each user shall provide safeguards against the accidental discharge to the wastewater system of prohibited or restricted substances. Facilities to prevent accidental discharge to the wastewater system of prohibited or restricted substances shall be provided and maintained at the user's expense. In the case of an accidental spill, it shall be the responsibility of the user to report all such accidents to the Director in accordance with the requirements set forth in Article VI, Section Nine of this Ordinance. Expenses incurred by the District during mitigation of spill events may be charged to the responsible person. ARTICLE V - PRETREATMENT FACILITIES Section One - Drawings, Specifications and Compliance Schedules. Drawings, specifications, compliance schedules and any other pertinent information relating to wastewater treatment or pretreatment facilities, holding tanks, control and neutralization equipment, or other facilities to be utilized in the treatment or control of wastes discharged to any public sewer within the District, shall be submitted to the Director for approval. Construction of such facilities shall not be started until said drawings, specifications and compliance schedules are approved by the Director. 25 Section Two - Pretreatment Operations. All private, industrial, or semi-public facilities for the treatment, pretreatment, control or neutralization of waters or wastes shall be maintained continuously in satisfactory and effective operation by the user at his expense and shall be subject to inspection as deemed necessary by the District. The user shall maintain operating records and submit reports as stipulated in Article VI, Section Ten and Article VIII, Section One of this Ordinance. Section Three - Monitoring Requirements. Wastewater discharges from pretreatment facilities, regulated industrial processes, and/or industrial connection sewers of any user shall be monitored in accordance with the provisions of Article VI of this Ordinance. Section Four - Grease, Oil and Sand Traps. Grease, oil and sand interceptors or traps shall be provided when, in the judgment of the Director, such devices are necessary for the proper handling of liquid wastes containing grease or oil in excessive amounts or any flammable wastes, sand, or other harmful materials which can be trapped. Such interceptors or traps shall not be required for private dwelling units. Prior to the installation of any interceptor or trap, drawings and specifications shall be submitted to the District for approval. All interceptors and traps shall be located so as to be readily accessible for cleaning and inspection. Grease and oil interceptors or traps shall be constructed of 26 impervious materials capable of withstanding sudden and extreme changes in temperature. All such devices shall be of substantial construction, water-tight, and equipped with easily removable covers which, when bolted in place, shall be gas-tight and water- tight, unless otherwise authorized by the Director. All grease, oil and sand interceptors or traps shall be maintained in effective operation at all times by and at the expense of the user. ARTICLE VI - ADMINISTRATION PROCEDURES Section One - Industrial User Pretreatment Questionnaire. All persons discharging wastewater, industrial wastes, water, or other liquid to the District's wastewater system, or to a watercourse, or to both, and who discharge at least fifty thousand (50,000) cubic feet of water in a six month period or discharge toxic substances may be required to file with the District an Industrial User Pretreatment Questionnaire on a form furnished by the District. All persons regulated by Federal Categorical Pretreatment Standards shall complete and file with the District an Industrial User Pretreatment Questionnaire on a form furnished by the District. All persons required to pretreat wastewater in accordance with Article IV, shall complete an Industrial User Pretreatment Questionnaire and provide any monitoring reports required by the EPA, certified by an authorized representative of the user, indicating whether or not applicable Pretreatment Standards are 27 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 Pretreatment 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 Two - Questionnaire Verification. When in the judgment of the Director, verification of data reported on the Industrial User Pretreatment Questionnaire and/or any monitoring reports required by the EPA is necessary, wastewater discharges from an industry may be sampled by the District. Wastewater 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 industry. If deemed necessary, an extended, comprehensive sampling program may be conducted after notice to the user by the District to obtain additional wastewater data necessary for verification of reported data. The analytical results obtained from said program may also be used in lieu of reported values for each wastewater discharge. If a comprehensive 28 sampling program is deemed necessary, all equipment installation, sampling, and analysis costs shall be borne by the user in accordance with a preset fee schedule. If the user elects to make the sampling or monitoring installations with his own personnel, each installation shall be of a type and configuration acceptable to the Director. The hours of operation of any gaging 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 Three - Provisions for Monitoring. When required by the Director, the user shall provide a suitable manhole or other appurtenance in the building sewer or other suitable location to facilitate observation, sampling, and measurement of all the wastes discharged from the user's premises or regulated processes. Such sampling points, when required, shall be accessible and safely located, and shall be designed and constructed in a manner approved by the Director. The sampling points shall be provided and maintained by the user at his expense and shall be safe and accessible at all times. Section Four - Right of Monitoring. Any duly authorized employee or representative of the District shall have the right, upon presentation of proper credentials to enter appropriate areas of any industrial users property, without prior notice for the purpose of installing, inspecting, observing, and/or operating any 29 and all devices necessary to conduct a gaging and/or sampling operation for determining the user's compliance with the provisions of this Ordinance. While performing the work, the District employee or representative shall be accompanied by an industrial representative who shall assure that all applicable safety rules are being observed by the District employee or representative. Section Five - Applicable Charges and Fees. The applicable charges or fees to provide for the recovery of costs associated with implementation and enforcement of this Ordinance shall be set forth in the District's policy concerning charges and fees. These fees shall be in addition to the charges for normal use of the wastewater system. Charges and fees may include: 1. Fees for monitoring, inspections and surveillance; 2. Fees for permit applications 3. Appeal fees; 4.And other fees necessary to carry out the requirements stipulated herein. Section Six - Permit Requirements. The Director may require that an industrial user obtain a permit to discharge into the District's wastewater system. Such judgment shall be made based upon data contained in the Industrial User Pretreatment Questionnaire. The Director may amend the conditions of a Permit from time to time as circumstances (including regulations enacted 30 or promulgated by the Federal or State government or its agencies) may require. The Director may stipulate special conditions or terms upon which the Permit may be issued. A user shall not increase the daily volume, or flow rate of discharge in amounts exceeding twenty-five (25) per cent of the limitations, terms, or conditions set forth in said permit without first having secured an amendment to the Permit. A permittee shall notify the District within 30 days of any change in location, processes employed, or chemical storage procedures which may or will affect the volume or character of the permittee's wastewater discharge(s). A Permit may not be reassigned or transferred. Permits may contain the following conditions: 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.Pretreatment requirements and schedules for implementation including schedules for reporting progress towards meeting these requirements; 5. Submission of discharge reports; 6. Special service charges or fees; 31 7.Other conditions to ensure compliance with this Ordinance and with applicable requirements of Federal or State regulations. Section Seven - Discharge Reports. The Director may require that any person discharging or proposing to discharge wastewater into the wastewater system, file a periodic discharge report. The discharge report shall include any or all information required to determine the user's compliance with applicable Federal, State, and District regulations and limitations. Section Eight - Non-District Operated Facilities Reports. It shall be the responsibility of any person operating a wastewater system or wastewater treatment facility to furnish reports as may be required by the Director for ascertaining compliance with this Ordinance. Section Nine - Accidental Discharge Reports. In the event of an accidental discharge of prohibited or restricted substances into the District's wastewater system, the industrial user shall immediately notify the Director by telephone of the incident. The notification shall include the location of discharge, type of waste, concentration and volume, and corrective action taken by the user. Within five (5) working days following any such accidental discharge, the user shall submit, to the Director, a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve 32 the user of any expense, loss, damages, or other liability which may be incurred as a result of damage to the wastewater system, fish kills, or any other damage sustained by any person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this Ordinance or other applicable law. Emergency notification procedures shall be permanently posted by the user on a bulletin board or in another prominent place advising employees whom to call in the event of an accidental discharge. Users shall make sure that all employees who may cause or allow such a discharge to occur are advised of the emergency notification procedures. Section Ten - Pretreatment Facilities Reports. Any user subject to Pretreatment Standards shall submit to the Director self-monitoring reports indicating the nature and concentration of prohibited or regulated substances in the user's effluent. In addition, the report shall include a record of all measured or estimated average and maxim,m daily flows during the reporting period. Other information and reporting requirements 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. ARTICLE VII - ENFORCEMENT Section One - Enforcement Procedures. A. Any person found to be in violation of any provisions of this Ordinance shall be provided a written notice from the Director stating the nature of 33 the violation. Within thirty (30) days after the date of the notice, unless a shorter time is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted by the user to the Director. If the violation is not corrected by timely compliance, or a satisfactory correction plan is not submitted within a reasonable time, the Director may order the user to show cause before the Director why enforcement action should not be taken. A written notice shall be provided to the user specifying the time and place of a meeting, the reason why the action is proposed, and the proposed enforcement action. Based upon the evidence presented at the meeting, the Director shall determine the appropriate enforcement action, if any, which should be taken. The Director's determination may be appealed to the Board of Trustees by filing a written petition with the Board within ten (10) days after the Director's ruling. The Board shall fix a reasonable time for hearing the appeal and give written notice to the parties, stating the time and place for the hearing. The Board shall decide the appeal within a reasonable time and shall notify the parties of its decision. B. For an occurrence in which the discharge of pollutants by a user presents or appears to present an immediate danger to the health or welfare of humans, the Director shall notify the user by telephone or visit to discontinue or reduce the discharge to safe levels within a reasonable amount of time as established by the 34 Director. The Director shall order emergency action by the District to prevent or reduce to safe levels the discharge should the user fail to comply within the time established by the Director. C. As an alternative to, or in addition to, the procedure set forth in Article VII, Section One A and B, the Director may seek injunctive relief to restrain the violation or attempted violation of any of the provisions of this Ordinance. Section Two - Legal Action and Penalties. If any person is found by the District to be in violation of any provision of this Ordinance, the District may commence an action for appropriate legal and/or equitable relief in the City or County Courts having jurisdiction. Upon conviction, any person shall be fined not less than Fifteen Dollars ($15.00) nor more than Three Hundred Dollars ($300.00) or be imprisoned for a period of not less than three (3) days nor more than ninety (90) days, or both such fine or imprisonment, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. Section Three - Liability Due to Violations. Any person violating any provisions of this Ordinance shall become liable to the District for all expense, loss, or damage incurred by the District by reason of such violation. Section Four - Charges Due to Violations. If any person shall continue a violation of this Ordinance beyond the time limit set forth under the provision of Article VII, the Director may 35 order work to be done by the District as deemed necessary to prevent continued violation of this Ordinance and shall make a charge against the user for the reasonable cost of such work. If such charge is unpaid after thirty (30) days, 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 bills shall become a lien against the property involved. In the event a user's discharge shall cause a deposit or obstruction or damage to any public sewer or the wastewater system, the Director shall cause such deposit or obstruction to be removed promptly or cause such to be repaired. The Director shall keep an account of the cost of such work including materials, labor and supervision and shall certify an account of such cost to the user causing such deposit, obstruction or damage. If the user should fail, neglect or refuse to pay the sum specified to the Secretary=Treasurer of the District within thirty (30) days after demand has been made, 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 Five - False Statements. Any person who knowingly makes any false statements, representation or certification in any application, questionnaire, record, report, plan 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 36 the penalties stipulated in Article VII, Section Two. Section Six - Publication of Violations. A list of the users who have been significantly violating provisions of this Ordinance during the previous twelve (12) months shall be published annually by the Director in the largest daily newspaper published in the area. The notification shall also summarize any enforcement action taken against the user during the same twelve (12) month period. For the purposes of this provision, significant violations shall be those violations which remain uncorrected 45 days after notification of noncompliance which are part of a pattern of noncompliance over a twelve (12) month period; which involve a failure to accurately report noncompliance; or which resulted in the District exercising its emergency authority as set forth in Article VII, Section One of this Ordinance. ARTICLE VIII - GENERAL PROVISIONS Section One - Records Retention. All users subject to this Ordinance shall retain and preserve, for not less than three (3) years, all records, books, documents, memoranda, reports, correspondence and any and all summaries thereof relating to the monitoring, sampling and chemical analyses of their discharge made by or on behalf of the user. 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 concluded and all periods of limitation with 37 respect to appeals have expired. Section Two - Determination of Wastewater Characteristics. The basic standard for all measurements, tests, and analyses of the characteristics of wastewater to which reference is made in this Ordinance shall be determined in accordance with Standard Methods or some other method which complies with EPA Regulations and is mutually agreed upon and approved by the State of Missouri. Section Three - Right of Entry. Any duly authorized employee or representative of the District upon presentation of proper credentials and after execution of appropriate confidentiality agreements shall be permitted access to such premises as may be necessary for the purpose of inspection, observation, measurement, sampling, or production record review to determine compliance with the provisions of this Ordinance. Section Four - Federal or State Regulations. In the event the Federal government or State of Missouri promulgates a regulation which establishes Pretreatment Standards or establishes exemption from Pretreatment Standards for a new or existing industrial user, such Federal or State regulations shall immediately supersede conflicting provisions or this Ordinance. Section Five - Unlawful Obstruction. It shall be unlawful to place any dam or other obstruction in any drainage facility or watercourse unless permission to do so is expressly granted in writing by the Director. 38 Section Six - Damage to Property. It shall be unlawful for any unauthorized person to 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 wastewater system of the District. Any person who negligently damages any structure, appurtenance, or equipment which is a part of the wastewater system of the District shall be liable to the District for all loss and expense. Section Seven - Conflicting Ordinances. Ordinance 2289, adopted May 3, 1972 and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section Eight - Liability Under Previous Ordinances. Nothing contained in this Ordinance shall be construed as abating any action now pending under or by virtue of Ordinance 1348 or 2289 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 Ordinances 1348 or 2289. Section Nine - 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 or parts. Section Ten - Right to Confidentiality. Information and data 39 obtained from applications, permits, monitoring programs and inspections 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 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 Title 40, Code of Federal Regulations, 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 40 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. Information accepted by the Director as confidential, shall not be transmitted to any judicial or administrative agency by the Director until and unless a ten (10) day written notification is served on the user. Persons 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 Eleven - Right to Amend Ordinance. The District reserves the right to amend this Ordinance in any manner and to establish more stringent limitations or requirements where deemed necessary to comply with the objectives set forth in Article I, Section One of this Ordinance. Section Twelve - Appeals. Any user who claims to be aggrieved by an act or failure to act of or by the District may appeal to the Board of Trustees. A written petition of appeal shall be filed with the Board within ten (10) days of the District's act or failure to act. The Board shall fix a reasonable time for hearing the appeal and give written notice to the parties, stating the time and place for the hearing. The Board shall decide the appeal within a reasonable time and shall 41 notify the parties of its decision. The foregoing Ordinance was adopted August 11, 1982.