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
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.)
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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;
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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notify the parties of its decision.
The foregoing Ordinance was adopted August 11, 1982.