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METROPOLITAN ST. LOUIS SEWER DISTRICT
O R D I N A N C E NO. 8472
Table of Contents
Page
Article I - Purpose and Objectives 2
Section One - Purpose of Ordinance 2
Section Two - Objectives 2
Article II - Definitions 3
Article III - District and Non-District Wastewater
and Stormwater Systems 22
Section One - Approval Required 22
Section Two - Connection of New Premise 23
Section Three - Connection of Existing System 23
Section Four - Non-District System Required 24
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Article IV - Control of Pollutant Discharges to Separate
Storm Sewers and Watercourses 24
Section One - Prohibited Discharges to Separate
Storm Sewers and Watercourses 24
Section Two - Flow Obstruction Prohibited 25
Article V - Control of Pollutant Discharges to Sanitary
and Combined Sewers 26
Section One - Prohibited Substances 26
Section Two - Discharge Limitations 30
Section Three - Restrictions 33
Article VI - Authority to Prohibit or Regulate Discharges 36
Section One - Control Alternatives 36
Section Two - Variances 37
Section Three - Discharge Permits 39
Section Four - Special Agreements 43
Article VII - Treatment, Pretreatment and Discharge
Control Facilities 44
Section One - Facilities Required 44
Section Two - Drawings and Specifications 45
Section Three - Construction Approvals 46
Section Four - Construction Inspections 47
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Section Five - Management Plans Required 47
Section Six - Compliance Schedules 48
Section Seven - Pollution Control Operations 49
Section Eight - Provisions for Monitoring 49
Section Nine - Safeguards Against Accidental/Slug
Discharges 50
Section Ten - Employee Emergency Advisory 51
Section Eleven - Local Approvals 51
Article VIII - User Reports and Monitoring 51
Section One - User Questionnaire 51
Section Two - Baseline Monitoring Report 52
Section Three - 90 Day CPS Compliance Report 53
Section Four - Self-Monitoring Reports 53
Section Five - Production reports 55
Section Six - Reports of New/Increased Discharges 56
Section Seven - Compliance Schedule Progress Reports 56
Section Eight - Notification of Problem Discharge 56
Section Nine - Hazardous Waste Discharge Report 57
Section Ten - Non-District Operated Facilities
Reports 58
Section Eleven - Stormwater Reports 58
Section Twelve - Other Reports 59
Article IX - Enforcement 59
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Section One - Notification of Violation 59
Section Two - Administrative Orders 60
Section Three - Emergency Action 61
Section Four - Legal Actions and Penalties 62
Section Five - Liability Due to Violations 62
Section Six - Recovery of Costs 63
Section Seven - False Statements 63
Section Eight - Publication of Violators 64
Article X - General Provisions 64
Section One - Records Retention 64
Section Two - Analytical Procedures 64
Section Three - Certification on Applications
and Reports 66
Section Four - Data Verification 67
Section Five - Right of Entry 68
Section Six - More Stringent State, Federal
and Local Regulations 69
Section Seven - Applicable Charges and Fees 69
Section Eight - Damage to Property 70
Section Nine - Conflicting Ordinances 70
Section Ten - Liability Under Previous Ordinances 71
Section Eleven - Severability 71
Section Twelve - Right to Confidentiality 71
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Section Thirteen - Right to Amend Ordinance 72
Section Fourteen - Appeals 73
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O R D I N A N C E NO. 8472
AN ORDINANCE regulating the use of residential and non-
residential, public and private sewers, drains, and wastewater
pretreatment and treatment systems and the discharge of waters and
wastes into the District's wastewater system, stormwater system,
drainage facilities, watercourses, and outfalls; and providing
penalties for the violation thereof; and repealing Ordinance No.
4786, adopted August 11, 1982.
WHEREAS, it is deemed necessary in the interest of
public health and welfare to reasonably regulate the discharge of
certain substances, and
WHEREAS, regulation and inspection are necessary
because certain substances may damage or interfere with the
operation of the District's wastewater and stormwater systems and
related appurtenances or interfere with the wastewater treatment
processes or pose a hazard to the public or to District employees
if discharged into the District's wastewater system, or pass
through the treatment facilities and impair water quality of the
waters of the State or contaminate the sludge, or impair air
quality through emissions of air pollutants, it is deemed
necessary, therefore, to preclude or limit certain substances from
entering said wastewater and stormwater systems.
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BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST.
LOUIS SEWER DISTRICT:
ARTICLE I - PURPOSE AND OBJECTIVES
Section One - Purpose of Ordinance.
The purpose of this Ordinance is to comply with State and Federal laws
and to protect the public health and safety by abating and preventing
pollution through the regulation and control of the quantity and
quality of residential and nonresidential wastewater, industrial
wastes, stormwater, and other wastes discharged into the District's
wastewater system, stormwater system and watercourses.
Section Two - Objectives.
The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the wastewater and
stormwater systems which may damage or interfere with the operation of
the systems.
B. To prevent the introduction of pollutants into the wastewater and
stormwater systems which may interfere with treatment and pollution
control processes.
C. To prevent the introduction of pollutants into the wastewater and
stormwater systems which will pass through the systems inadequately
treated into watercourses, or the atmosphere, or otherwise be
incompatible with the systems.
D. To prevent the introduction of pollutants into the wastewater and
stormwater systems which will interfere with sludge and solids
management options.
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E. To prevent the introduction of pollutants into the wastewater and
stormwater systems which will create a hazard to District employees or
the public, adversely affect public health and welfare or adversely
impact the environment.
F. To prevent the introduction of pollutants into the stormwater
system and watercourses which will interfere with beneficial uses
and/or achievement of applicable State and Federal water quality
standards.
ARTICLE II - DEFINITIONS
Unless the context specifically indicates otherwise, the meaning of
terms used in this Ordinance shall be as follows:
1. ASTM means the American Society for Testing and Materials.
2. BOD 5 (Biochemical Oxygen Demand) means the quantity of oxygen
utilized in 5 days in the biochemical oxidation of carbonaceous and
nitrogenous compounds and certain inorganic materials in water or
wastewater as determined by Standard Methods and expressed in
milligrams per liter.
3. BUILDING SEWER means a sewer extension from a building or an
industrial process to the District sewer or other place of disposal.
4. BYPASS means the intentional diversion of waste streams from
any portion of a user's sewer system, treatment facility or
pretreatment facility or other control facility.
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5. CATEGORICAL PRETREATMENT STANDARDS or CPS means any regulation
containing pollutant discharge limits or requirements promulgated by
the EPA at 40 CFR Chapter One, Subchapter N, Parts 405 through 471 (as
amended), in accordance with Section 307(b) and (c) of the Clean Water
Act, and which apply to a specific category of industrial user. Users
subject to categorical standards are also subject to the general
pretreatment standards.
6. CERCLA means the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 and all amendments thereto.
7. CFR means Code of Federal Regulations as published by the
Office of the Federal Register, National Archives and Records
Administration.
8. Clean Water Act or CWA means the Federal Water Pollution
Control Act of 1972 and all amendments thereto.
9. COD (Chemical Oxygen Demand) means the quantity of oxygen
utilized in the chemical oxidation of organic and oxidizable inorganic
matter in water or wastewater as determined by Standard Methods and
expressed in milligrams per liter.
10. COMBINED SEWER means a pipe or conduit designed and intended to
receive and convey wastewater, stormwater including roof and street
drainage, unpolluted water and cooling water.
11. COMBINED SEWER OVERFLOW means a discharge that occurs from a
combined sewer into waters of the State when the flow in the combined
sewer exceeds the capacity of the combined sewer or flow regulation
facility due to wet weather conditions.
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12. COMMERCIAL CENTRALIZED WASTE TREATMENT FACILITY or CWT means a
facility (other than a landfill or an incinerator) which treats or
stores aqueous wastes generated by facilities not located on the site
of the CWT and which disposes of these wastes by discharging them into
the District's wastewater system.
13. COMPOSITE SAMPLE means a sample made up by combining individual
grab samples collected within a 24 hour period. For all pollutants
subject to composite sampling requirements, 24 hour flow proportional
composite samples shall be obtained when feasible. If the user
demonstrates that flow proportional composite samples are not
feasible, then the Director may allow collection of time proportional
composite samples. In no case may a composite sample be made from
fewer than four grab samples. In all cases the individual grab
samples must be adequately spaced so as to ensure a sample that is
representative of the user's daily operations.
14. COOLING WATER means the water discharged from any system of
condensation, air conditioning, cooling, refrigeration, industrial
cooling process, or other cooling system which uses or generates water
during operation.
15. CSR means Code of State Regulations as published by the
Missouri Secretary of State.
16. DAILY AVERAGE VALUE means the result of analysis for a
particular pollutant in a composite sample of a discharge collected
within a time period not greater than 24 hours.
17. DIRECTOR means the Executive Director of The Metropolitan St.
Louis Sewer District, or his duly authorized representative.
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18. DISCHARGE PERMIT means a permit issued by the District to a
user for a discharge of wastewater or stormwater into the District's
system.
19. DISTRICT means The Metropolitan St. Louis Sewer District.
20. DISTRICT'S SYSTEM or SYSTEM means the entire system of sewers,
drainage facilities, combined sewers, sanitary sewers, separate storm
sewers, stormwater systems and wastewater systems owned and operated
by the District.
21. DRAINAGE FACILITY means any system of artificially constructed
drains, including open channels, whether lined or unlined, and
separate storm sewers used to convey stormwater, surface water or
groundwater. A drainage facility may also convey effluent discharged
pursuant to an NPDES permit when such use is approved by the Director.
22. DRY WEATHER FLOW in a combined sewer means flow which is a
combination of sanitary flow, industrial flow and infiltration with no
contribution from stormwater runoff.
23. EPA means the United States Environmental Protection Agency.
24. GARBAGE means any refuse accumulation of solid animal, fruit or
vegetable matter that attends the preparation, use, cooking, dealing
in or storing of food and from the handling, storage and sale of
produce.
25. GENERAL PRETREATMENT STANDARDS means any regulations containing
pollutant discharge limits or requirements applicable
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to all industrial users, promulgated by EPA in 40 CFR Chapter One,
Subchapter N, Parts 401 through 403 (as amended), in accordance with
Section 307(b) and (c) of the Clean Water Act.
26. GRAB SAMPLE means an individual sample collected in less than
fifteen (15) minutes.
27. GROUNDWATER means any water pertaining to, formed, or occurring
underneath the surface of the earth.
28. HAULED WASTE means any waters or liquid wastes which have been
removed and transported from any pit, sump, holding tank, septic tank,
sewage treatment plant or industrial facility for discharge to the
District at designated points as regulated by applicable Ordinances.
29. INDUSTRIAL USER means any person who discharges into the
District's wastewater system from any source regulated under Section
307(b), (c) or (d) of the Clean Water Act or from any source listed in
Division A, B, D, E or I of the Standard Industrial Classification
Manual or from any solid waste disposal operation such as, but not
limited to landfills, recycling facilities, solid or hazardous waste
handling or disposal facilities, and CWTs.
30. INDUSTRIAL WASTE means the water-borne wastes, including
contaminated cooling water, from industrial processes, as distinct
from sanitary wastewater.
31. INFECTIOUS WASTE means any waste which contains pathogens with
sufficient virulence and in sufficient quantity so that
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exposure to the waste by a susceptible host could result in an
infectious disease. Such wastes include, but are not limited to:
(1) Isolation wastes generated by hospitalized patients who
have communicable diseases capable of being transmitted via those
wastes;
(2) Surgical, dialysis and laboratory wastes contaminated in the
process of caring for hospital patients who have communicable
diseases capable of being transmitted via those wastes;
(3) Cultures and stocks of infectious agents and associated
biologicals;
(4) Blood and blood products known or suspected to be contaminated
with a transmissible infectious agent;
(5) All pathology and autopsy wastes, including those from animals
contaminated with infectious agents capable of being transmitted
to humans; and
(6) All discarded sharps including hypodermic needles, syringes,
and scalpel blades that have come in contact with material
considered infectious.
32. INTERFERENCE means the inhibition or disruption of the
District's wastewater system or operations or its processing, use or
disposal of sludge, by a user's discharge which alone or in
conjunction with other discharges, causes, or contributes to the
inhibition or disruption and which: (a) causes a violation of any
requirement of the District's NPDES Permit (including an increase
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in the magnitude or duration of a violation); or (b) prevents the use
or disposal of sludge by the District in compliance with any of the
following Statutes and Regulations: Section 405 of the Clean Water
Act, the Solid Waste Disposal Act (SWDA), the Resource Conservation
and Recovery Act (RCRA), the Clean Air Act, the Toxic Substances
Control Act (TSCA) or any more stringent State or local regulations.
A user contributes to interference when the user:
(1) Discharges a pollutant concentration or a daily pollutant
loading in excess of that allowed by District Ordinance or
permit or by Federal, State, or local law;
(2) Discharges wastewater which substantially differs in
nature and constituents from the user's normal average
discharge;
(3) Knows or has reason to know that its discharge, alone or
in conjunction with discharges from other users, would
result in interference; or
(4) Knows or has reason to know that the District is, for any
reason, violating its final effluent limitations in its
NPDES permit and that the user's discharge either alone or
in conjunction with discharges from other users, increases
the magnitude or duration of the District's violations.
33. INSTANTANEOUS VALUE means the result of analysis for a
particular pollutant in a grab sample.
34. LONG TERM AVERAGE means an average volume or rate of discharge
or average mass of pollutant discharge or average rate of production
based on actual levels of production or operation over an extended
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period of time sufficient to capture the normal range of variations in
production or operation. A long term average should be based on a
minimum of one recent year's historical data, if available, or upon
well documented projections if such data are not available.
35. NEW SOURCE means any new building, structure, facility or
installation from which there is or may be a discharge of pollutants,
the construction of which commenced after the publication of proposed
pretreatment standards under Section 307(c) of the CWA which will be
applicable to the source if promulgated, provided:
(1) Construction is at a site where no other source is located; or
(2) Construction totally replaces a process or production equipment
that caused a discharge of pollutants at an existing source; or
(3) The new production or wastewater generating processes are
substantially independent of an existing source at the site.
Construction is deemed to have commenced if there has been any
placement, assembly or installation of components, significant site
preparation work, or entry into binding contractual obligations for
the purchase of components which are intended to be used in the new
operation within a reasonable period of time.
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Construction at an existing site results in a modification, not a
new source, if it alters, replaces, or adds to existing processes or
production equipment, but does not totally replace them, or if the
resulting production or wastewater generating processes are not
substantially independent of the existing source.
36. NON-RESIDENTIAL means all property other than residential
property, including but not limited to, industrial, commercial and
semi-public.
37. NORMAL WASTEWATER means wastewater which, prior to any
treatment, contains not more than 350 milligrams per liter of
suspended solids and has a BOD 5 not greater than 300 milligrams per
liter, and a COD not greater than 600 milligrams per liter.
38. NPDES PERMIT means a permit issued under the National Pollutant
Discharge Elimination System pursuant to Section 402 of the Clean
Water Act for a discharge into waters of the State.
39. OUTFALL means any point of discharge into a watercourse, or
other body of surface or groundwater.
40. PASS THROUGH means a discharge of a pollutant from a District
treatment plant into waters of the State when such discharge causes a
violation of any requirement of the District's NPDES permit, or a
violation of a State or Federal water quality standard or increases
the magnitude or duration of any violation and which is the result of
a user's discharge of the pollutant either alone or in conjunction
with other user's discharges of the pollutant into the District's
wastewater system. A user
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contributes to pass through when the user:
(1) Discharges a pollutant concentration or a daily pollutant loading
in excess of that allowed by District Ordinance or permit or by
Federal, State, or local law;
(2) Discharges wastewater which substantially differs in nature and
constituents from the user's normal average discharge;
(3) Knows or has reason to know that its discharge, alone or in
conjunction with discharges from other users, would result in
pass through; or
(4) Knows or has reason to know that the District is, for any reason,
violating its final effluent limitations in its NPDES permit and
that the user's discharge either alone or in conjunction with
discharges from other users, increases the magnitude or duration
of the District's violations.
41. PERSON means any individual, firm, proprietorship, partnership,
company, association, public or private corporation, joint stock
company, trust, estate, political subdivision, or any agency, board,
department, or bureau of the State or Federal government, or any other
legal entity.
42. pH means the intensity of the basic or acidic condition of a
solution as determined by Standard Methods and expressed in standard
units (s.u.). A standard unit is the negative logarithm (base 10) of
the hydrogen ion activity in a solution at a given temperature.
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43. POINT SOURCE means any discernible, confined, and discrete
conveyance, including but not limited to, any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, vessel, or other floating craft
from which pollutants are or may be discharged.
44. POLLUTANT means any substance which, alone or in combination
with other substances, if discharged to waters of the State in
sufficient quantities, causes or is reasonably certain to cause any
alteration of the physical, chemical or biological properties of such
waters; or to create a nuisance; or to render such waters harmful,
detrimental or injurious to public health, safety or welfare, or to
domestic, industrial, agricultural, recreational, or other legitimate
beneficial uses or to any organism, aquatic life, plant or animal.
45. PRETREATMENT means the reduction or elimination of pollutants
or the alteration of the nature of pollutant properties in wastewater
to a more acceptable state prior to discharge to the District's
wastewater system.
46. PRIVATE SEWER means a sewer within the boundaries of the
District but not owned or controlled by the District.
47. PROBLEM DISCHARGE means any upset, slug discharge, bypass,
spill or accident which does or may result in a discharge into the
District's system or into a watercourse of a prohibited
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substance as listed in Articles IV and V; or of a regulated substance
in excess of limitations as listed in Article V; or of a regulated
substance in excess of limitations established in any permit issued to
the user by the District or any NPDES permit issued to the user, and
which may: (a) cause interference or pass through; or (b) contribute
to a violation of any requirement of the District's NPDES permit; or
(c) cause violation of any State or Federal water quality standard.
48. PRODUCTION BASED DISCHARGE LIMITATION means a pollutant
limitation which is expressed in terms of allowable mass discharge of
pollutant per unit of production. In order to determine compliance
with such a limitation, the actual discharge rate and the actual
production rate at the time of sampling must be known.
49. RCRA means the Federal Resource Conservation and Recovery Act
of 1976 and all amendments thereto.
50. RESIDENTIAL means property used only for human residency and
shall include subdivisions, single family dwellings, two family
dwellings, and multifamily dwellings.
51. RESPONSIBLE CORPORATE OFFICER means a president, secretary,
treasurer or vice president in charge of a principal business
function, or any other person who performs similar policy or decision
making functions for the corporation, or the manager of one or more
manufacturing, production or operation facilities if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
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52. SANITARY SEWER means a pipe or conduit designed and intended to
receive and convey wastewater as defined herein.
53. SANITARY WASTEWATER means wastewater emanating from the
sanitary conveniences, including toilet, bath, laundry, lavatory,
and/or kitchen sink, of residential and non-residential sources, as
distinct from industrial waste.
54. SEMI-PUBLIC means a governmental, institutional, educational or
municipal property.
55. SEPARATE STORM SEWER means a pipe, conduit, conveyance or
system of conveyances (including roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, manmade
channels or storm drains) designed and intended to receive and convey
stormwater, as defined herein and which discharges to waters of the
State and which is not part of the combined sewer system. A separate
storm sewer may also convey effluent discharged pursuant to an NPDES
permit when such use is approved by the Director.
56. SEVERE PROPERTY DAMAGE means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial or permanent loss of natural
resources which can reasonably be expected to occur in the absence of
a bypass. Severe property damage does not mean economic loss caused
by delays in production.
57. SEWER means a pipe or conduit for conveying wastewater,
stormwater or cooling water or other disposed wastes.
58. SHALL is mandatory; MAY is permissive.
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59. SIGNIFICANT NEW OR INCREASED DISCHARGE means:
(1) Any discharge from a new process or facility or a new source.
(2) Any increase in volume or rate of discharge from an existing
process or facility when the new long term average daily volume
or rate of discharge will exceed the previous long term average
by 20% or more.
(3) Any addition of a priority pollutant or a toxic pollutant not
previously present or suspected in the user's discharge.
(4) Any addition of a hazardous waste subject to, but not
previously reported under the reporting requirements in Article
VIII, Section Nine of this Ordinance.
(5) Any increase in mass of an existing regulated pollutant when
the new long term average daily mass discharge of that pollutant
will exceed the previous long term average by 20% or more.
(6) Any addition of a new pollutant or any increase in mass of an
existing pollutant when the discharge of such pollutant may cause
or contribute to interference or pass through.
(7) Any new batch discharges when previous discharges from an
existing source occurred on a continuous basis.
60. SIGNIFICANT NONCOMPLIANCE means that violations of this
Ordinance by a user subject to pretreatment standards meet one or more
of the following criteria:
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(1) Chronic Violation: 66% or more of all measurements taken for
the same pollutant during a six month period exceeded (by any
magnitude) the applicable daily maximum limit or the applicable
average limit;
(2) Technical Review Criteria (TRC) Violation: 33% or more of all
measurements taken for the same pollutant during a six month
period equaled or exceeded the product of the daily average
maximum limit or the average limit times the applicable TRC.
(For categorical pretreatment limitations the TRC equals 1.4 for
BOD, TSS and Oil and Grease; and 1.2 for all other pollutants
except pH. For District limitations, the same TRCs apply except
there is no TRC for BOD and TSS.);
(3) An effluent violation caused interference or pass through or
endangered the health of District personnel or the general
public;
(4) A discharge caused imminent endangerment to human health,
welfare or to the environment and resulted in the District
exercising its emergency authority under Article IX, Section
Three of this Ordinance;
(5) Failure to meet a compliance schedule milestone date within
ninety (90) days or more after the scheduled date;
(6) Failure to submit a required report within thirty (30) days of
its due date;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations which the Director
determines may cause interference or pass through or will
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adversely affect implementation of the District's pretreatment
program.
61. SLUG DISCHARGE means a discharge of a non-routine, occasional
nature of any pollutant released at a flow rate and/or concentration
which may cause interference as defined herein. A slug discharge may
occur as the result of a pollutant release from a batch operation or a
spill or any accidental discharge.
62. STANDARD INDUSTRIAL CLASSIFICATION MANUAL or SIC MANUAL means
the latest edition of said publication issued by the Executive Office
of the President, Office of Management and Budget.
63. STANDARD METHODS means 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.
64. STATE means the state of Missouri.
65. STORMWATER means rainfall runoff, snow melt runoff and surface
runoff and drainage.
66. STORMWATER SYSTEM means the entire system of combined sewers
and separate storm sewers, operated by the District, for the
collection, storage and treatment of stormwater to serve the needs of
the District and its inhabitants and others, including all
appurtenances and facilities connected therewith or relating thereto,
together with all extensions, improvements, additions and enlargements
made thereto or as may be acquired by the District.
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67. SURFACE WATER means all water appearing on the land surface as
distinguished from groundwater and including water appearing in
watercourses, lakes, and ponds.
68. SYSTEM (See definition of District's System).
69. TOTAL OIL AND GREASE means the total of all materials
recoverable in a sample as a substance soluble in the procedure
solvent using the procedures in Standard Methods and expressed in
milligrams per liter. Oil and grease includes fatty acids, soaps,
fats, oils, waxes and petroleum products.
70. TOTAL SUSPENDED SOLIDS (TSS) means all matter in water,
wastewater, or other liquids; that is retained on a filter as
determined by Standard Methods and expressed in milligrams per liter.
Total Suspended Solids is also known as Nonfilterable Residue (NFR).
71. TOTAL TOXIC ORGANICS (TTO) means the summation of all
quantifiable values greater than .01 mg/l for the applicable toxic
organics included in the listing in 40 CFR 401.15 of toxic pollutants
identified pursuant to Section 307(a)(1) of the Clean Water Act as
determined using the analytical techniques specified in 40 CFR 136 and
expressed in milligrams per liter. For discharges subject to
categorical pretreatment standards, the list of organics to be
included in the TTO is contained in the applicable standard. For the
local TTO limit specified in Article V, Section Two, Subsection B of
this Ordinance, the organics to be
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included in the TTO are all of those from the list in 40 CFR 401.15
which are or may be present in the discharge.
72. TOXIC SUBSTANCE means any substance which alone or in
combination with other substances, when discharged to a wastewater
system, stormwater system or watercourse in sufficient quantities,
interferes with any biological wastewater treatment process, or,
either through direct exposure or through indirect exposure by
ingestion through the food chain, interferes with the normal life
processes of any organism, aquatic life, plant or animal or causes
adverse human health impacts. Toxic substances include, but are not
limited to pollutants listed as toxic in 40 CFR 401.15 pursuant to
section 307(a)(1) of the CWA and those listed as toxic in sludge
pursuant to section 405(d)(2) of the CWA.
73. TREATMENT means the reduction or elimination of pollutants in
wastewater or stormwater prior to discharge to waters of the State.
74. UNPOLLUTED WATER means any water that may be discharged under
NPDES regulations into waters of the State without having to be
authorized by a NPDES permit and which will not cause any violations
of State or Federal water quality standards.
75. UPSET means an exceptional incident in which there is
unintentional and temporary noncompliance with pretreatment or
treatment standards because of factors beyond the reasonable control
of the user. An upset does not include noncompliance to the extent
caused by operational error, improperly designed
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pretreatment or treatment facilities, lack of preventive maintenance,
or careless or improper operation.
76. USER means any person who discharges, or causes the discharge
of wastewater into the District's wastewater system or who discharges
or causes the discharge of stormwater or any NPDES permit regulated
effluent or any other waste into the District's stormwater system or
any person served by the District's system.
77. WASTE means any material other than unpolluted water which is
accidentally or purposely discarded into the District's system.
78. WASTEWATER means the water-borne wastes, industrial waste
and/or sanitary wastewater as defined herein, emanating from
residential and non-residential sources together with such
groundwater, surface water, or stormwater as cannot be avoided.
79. WASTEWATER SYSTEM means the entire sanitary sewer system,
including combined sewers, owned and operated by the District for the
collection, storage and treatment of wastewater to serve the needs of
the District and its inhabitants and others, including all
appurtenances and facilities connected therewith or relating thereto,
together with all extensions, improvements, additions and enlargements
thereto made or acquired by the District. The District's wastewater
system is a Publicly Owned Treatment Works (POTW) as defined at 40 CFR
Part 122 and is therefore subject to all provisions of State and
Federal regulations applicable to POTWs.
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80. WATERCOURSE means a natural or manmade surface drainage channel
or body of water (including a lake or pond) in which a flow of water
occurs, either continuously or intermittently.
81. WATERS OF THE STATE means all rivers, streams, lakes and other
bodies of surface water and groundwater lying within or forming a part
of the boundaries of the State which are not entirely confined and
located completely upon lands owned, leased or otherwise controlled by
a single person or by two or more persons jointly or as tenants in
common and includes waters of the United States lying within the
State.
82. WET WEATHER FLOW in a combined sewer means flow which is a
combination of sanitary flow, industrial flow, infiltration and
stormwater runoff.
ARTICLE III - DISTRICT AND NON-DISTRICT
WASTEWATER AND STORMWATER SYSTEMS
Section One - Approval Required.
Except as hereinafter provided, no person shall make any connection to
the District's system or install any residential or nonresidential
wastewater treatment facility, pretreatment facility or other facility
intended or used for treatment, pretreatment or control of wastewater
or stormwater, without the approval of the Director and subject to the
provisions of Article VII of this Ordinance.
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Section Two - Connection of New Premise.
Unless prohibited or exempted by other provisions of this Ordinance,
any person who develops within the District a property or structure
which will produce any wastewater or stormwater which must be disposed
of, shall discharge such wastewater or stormwater into the District's
system in compliance with this Ordinance and with all rules,
regulations and specifications of the District as filed in the office
of the Secretary-Treasurer of the District.
Section Three - Connection of Existing System.
Within ninety (90) days after a District sanitary sewer becomes
available to a property served by an existing residential or non-
residential wastewater system a direct connection shall be made to the
District sewer in compliance with this Ordinance and with all rules,
regulations and specifications of the District as filed in the office
of the Secretary-Treasurer of the District. A sanitary sewer shall be
considered available if it is within two hundred (200) feet of any
legal boundary of the property to be connected to the sewer and if the
sewer and receiving treatment plant can, by design, properly convey
and treat the wastes to be discharged. Any septic tank, cesspool,
lagoon, or other residential, or non-residential wastewater treatment
facility shall be abandoned and filled with suitable material as per
applicable District Ordinances and/or State or local regulations or
shall be removed unless such system is to be used for pretreatment or
control of wastewater prior to discharge to the District's wastewater
system.
29
Section Four - Non-District System Required.
When connection to a District sanitary sewer is prohibited by other
provisions of this Ordinance or when the Director determines that
connection to a sanitary sewer is not feasible or when a District
sanitary sewer is not available under the provisions of this
Ordinance, the building sewer shall be connected to a residential, or
non-residential pollution control system approved by the Director and
complying with the provisions of this Ordinance and with applicable
local, State and Federal regulations.
ARTICLE IV - CONTROL OF POLLUTANT DISCHARGES
TO SEPARATE STORM SEWERS AND WATERCOURSES
Discharges to the District's separate storm sewers enter waters of the
State directly or after conveyance through the District's system and
are subject to NPDES permit regulations. All users shall comply with
the provisions of this article to ensure that discharges from the
District's separate storm sewers do not violate conditions of any of
the District's NPDES permits or of any NPDES permit regulations,
including stormwater discharge regulations, or cause any violations of
State or Federal water quality standards.
Section One - Prohibited Discharges to Separate Storm Sewers and
Watercourses.
A. No person shall discharge any wastewater treatment plant effluent,
cooling water, stormwater or unpolluted water into any separate storm
sewer or watercourse unless such discharge is
30
authorized by an NPDES permit or is exempt from NPDES permit
regulations and is not otherwise prohibited by this Ordinance.
B. No person shall discharge or cause to be discharged into any
separate storm sewer any stormwater associated with industrial
activity as defined in 40 CFR 122.26(b) unless the discharge is in
compliance with all applicable provisions of the NPDES stormwater
regulations in 40 CFR 122.26 and any applicable State regulations and
is in compliance with the terms and conditions of any system-wide
stormwater discharge permit issued to the District pursuant to those
regulations.
C. No user shall initiate a significant new or increased discharge
above the levels contained in the authorization to discharge to any
separate storm sewer or watercourse without first complying with the
reporting provisions of Article VIII, Section Six and until having
received approval from the Director subject to the provisions of
Article VI, of this Ordinance.
D. A user shall report to the Director, in accordance with the
provisions of Article VIII, Section Eight of this Ordinance, any
problem discharges as defined in this Ordinance or any other
discharges to a separate storm sewer or watercourse that are not in
compliance with NPDES or District permit conditions.
Section Two - Flow Obstruction Prohibited.
A. No person shall place any dam or other flow restricting structure or
device in any drainage facility or watercourse without first having
obtained approval from the Director.
31
B. No person shall place or deposit into any outfall, drainage
facility, storm sewer or watercourse within the District any garbage,
trash, yard waste, soil, rock or similar material, or any other
substance which obstructs flow in the system or damages the system or
interferes with the proper operation of the system or which
constitutes a nuisance or a hazard to the public. In the event that
such an obstruction occurs, the Director may cause such obstruction to
be removed or cause such damage to be repaired and to recover
applicable costs pursuant to the provisions of Article IX, Section Six
of this Ordinance.
ARTICLE V - CONTROL OF POLLUTANT DISCHARGES
TO SANITARY AND COMBINED SEWERS
Pollutants which are discharged to the District's sanitary or combined
sewers enter waters of the State from District treatment plant
outfalls or combined sewer overflow outfalls after conveyance through
the District's system and are therefore subject to NPDES permit
regulations. All users of the system shall comply with the
prohibitions and standards of this article to ensure that discharges
from the District's outfalls do not violate conditions of the
District's NPDES permits, or cause any violations of State or Federal
water quality standards.
Section One - Prohibited Substances.
A. No person shall discharge or cause to be discharged into any
sanitary or combined sewer any of the following substances:
32
1.Any substance in a quantity or concentration which may cause
interference or pass through as those terms are defined in
Article II of this Ordinance, or cause violations of State
or Federal water quality standards in a receiving
watercourse, or may otherwise endanger life, limb, or
property or constitute a public nuisance.
2.Any flammable or explosive substance which creates an atmosphere
within the wastewater system which exceeds ten percent of
the Lower Explosive Limit (LEL) as designated by the
National Fire Protection Association; or which causes the
discharge into the District's sewer to have a closed cup
flashpoint of less than 140 degrees Fahrenheit (60 degrees
Celsius). Closed cup flashpoints shall be determined using
the test methods specified in 40 CFR 261.21.
3.Any wastes which can create corrosive conditions capable of
causing damage or hazard to structures, equipment or
personnel of the wastewater system. Such wastes include,
but are not limited to:
(1) Those which cause the pH of a discharge to be less than 5.5 ,
unless the user can show that all parts of the District's
system which will be subject to the lower pH are designed to
accommodate such discharge and the discharge will not cause
violations of other prohibitions in this section and except
for excursions allowed pursuant to the continuous monitoring
provision in Article X, Section Two, Subsection C); and
(2) Those wastes which contain oxidizable chemical compounds (such
33
as sulfide, sulfite and nitrite) in sufficient quantities to
create corrosive conditions in the system.
4.Any solids or any substances that will solidify or become
discernibly viscous at temperatures between 32 and 150
degrees Fahrenheit (0 and 65 degrees Celsius) or any other
substances in quantities capable of causing obstruction to
flow within the District's treatment plants or sewers,
including any obstruction within the combined sewer system
which causes or contributes to a combined sewer overflow.
5.Any garbage containing particles larger than one-half inch in any
dimension or particles which will not be carried freely
under the flow conditions of the sewer.
6.Any pollutant released at a flow rate and/or concentration which
will cause interference with the operation of the wastewater
system.
7.Heat in amounts which will cause interference with the operation
or maintenance of the wastewater system, but in no case heat
in such quantities that the temperature at the headworks of
the District's treatment plant exceeds 40 degrees Celsius
(104 degrees Fahrenheit).
8.Any water or waste which by itself or by interaction with other
materials, emits toxic gases, vapors or fumes into the
atmosphere of any area of the wastewater system at levels in
excess of Threshold Limit Values (TLV) established for air-
borne contaminants by the American Conference of
Governmental Industrial Hygienists (ACGIH) or the
34
Occupational Safety and Health Administration (OSHA).
9.Any trucked or hauled wastes except as authorized by District
Ordinance, and in compliance with the provisions of this
Ordinance. In no case may trucked or hauled wastes include
any hazardous wastes as defined in 40 CFR Part 261 or in 10
CSR 25-4.261.
10.Any wastes which are highly colored, such as, but not limited to
concentrated dye wastes, tannin or spent tanning solutions
at concentrations which cause discoloration of District
equipment or which cause the effluent from the District's
plant to have an objectionable color.
11.Any petroleum based oil or grease, nonbiodegradable cutting oil
or product of mineral oil origin except those which
unavoidably enter the user's waste stream as a normal
constituent of wastewater from processes or equipment which
use or process such materials or through contact with areas
contaminated with such materials. In no case may such
materials be discharged in quantities or concentrations
which will cause interference or pass through.
12.Any infectious wastes, except those wastes which are authorized
for disposal into sanitary sewers under State regulations 10 CSR 80-
7.010 and 19 CSR 30-20.011 or more stringent local regulations.
13.Any radioactive material, except those wastes which are
authorized for disposal into sanitary sewers under
applicable State and Federal regulations and as specifically
authorized by the Director. The aggregate of all
35
radioactive materials discharged from all users to the
sewers tributary to each of the District's treatment plants
shall be limited to one (1) curie per year. Excreta from
individuals undergoing medical diagnosis or treatment with
radiological materials shall be exempt from this
prohibition. Any radioactive material discharged to the
wastewater system must be readily soluble or dispersible in
water.
14.Any substance in quantities which either alone or in combination
with other wastes results in the formation within the
wastewater system of any malodor, foam, or other condition
which is capable of creating a public nuisance or hazard to
life or interferes with operation and maintenance of the
system.
Section Two - Discharge Limitations.
The limitations for quantities and/or concentrations of pollutants
contained in this section apply to all users who discharge to the
District's wastewater system.
A. Categorical Pretreatment Standards: Any industrial user having
process waste streams which are subject to any Federal categorical
pretreatment standards either currently in effect or promulgated or
modified after the effective date of this ordinance shall comply with
the requirements of such standards. All categorical pretreatment
standards established pursuant to 40 CFR Chapter One, Subchapter N,
are hereby incorporated by reference and are fully enforceable under
this Ordinance the same as if fully set out herein. Limitations
36
established in such standards shall apply to the treated effluents or,
if no treatment is provided, to the untreated effluents from the
processes regulated by the standard, unless otherwise specified by the
standard. When the limits in a categorical pretreatment standard are
production based, the Director may convert the limits to equivalent
mass or concentration for purposes of calculating effluent limitations
applicable to individual users. Where regulated process effluents can
not be sampled prior to mixing with other wastestreams, alternative
limits for the mixed effluent may be established by the Director using
the combined waste stream formula subject to the provisions of 40 CFR
403.6(e). All users subject to categorical pretreatment standards are
also obligated under Federal law to comply with the District's
discharge limitations specified in subsection B of this section. When
a pollutant in a user's discharge is subject to both a limit from a
categorical pretreatment standard and a District limit at the same
sampling point, the most strict limit shall apply.
B. District Limitations: At the point of discharge from the
user's property to the District's wastewater system, all users
shall comply with the following limitations. Separate limitations
apply for discharges to the District's plants with outfalls to the
Mississippi and Missouri Rivers (Large Rivers) and for plants with
outfalls to all other streams (Small Rivers). Parameter* Daily Average Limit** Instantaneous Limit**
Large Riv. Small Riv. Large Riv. Small
Riv.
Antimony 0.5 0.5 1.5 1.5
Arsenic 0.4 0.3 1.2 0.9
37
Barium 10.0 10.0 30.0 30.0
Beryllium 0.4 0.1 1.2 0.3
Cadmium 0.7 0.4 1.2 1.2
Chromium 5.0 5.0 15.0 15.0
Copper 2.7 1.5 4.5 4.5
Cyanide, Amenable 0.4 0.1 1.2 0.3
Iron 150.0 25.0 450.0 75.0
Lead 0.4 0.2 0.6 0.6
Mercury 0.01 0.01 0.03 0.03
Nickel 2.3 1.0 4.1 3.0
Oil & Grease 200 200 200 200
Phenolic Compounds 7.0 0.05 21.0 0.15
Selenium 0.2 0.2 0.6 0.6
Silver 0.5 0.01 1.5 0.03
Zinc 3.0 3.0 9.0 9.0
Total Toxic Organics Shall not exceed 5.52 mg/l at any time.
Temperature Shall not exceed 140ΕF (60ΕC) at any
time.***
pH Shall be in the range of 5.5 to 11.5 s.u. at
all times.***
* Total substance (dissolved plus suspended). ** All units are milligrams per liter unless otherwise noted. *** Excursions may be allowed pursuant to the continuous monitoring provisions of Article X, Section Two, Subsection C.
38
C. More Restrictive Standards: The Director shall establish
limits on the volume and concentration of contributions from users
which are more strict than those specified in this Section when
the Director determines such action is necessary to ensure that
the aggregate discharges to the sewers tributary to any segment of
the District's system do not cause:
(1) Interference or pass through,
(2) Violations of the District's NPDES permit conditions,
(3) Violations of any State or Federal water quality standards,
(4) Danger to life, limb or property,
(5) Local nuisance conditions, or
(6) Air emissions or any other environmental releases from the
District's system in excess of the limits and requirements of
applicable State, Federal and local regulations.
When the Director determines it is necessary to establish more
strict limits under the provisions of this subsection, the
Director shall advise the users affected by the change and shall
require the users to develop within a reasonable period of time,
compliance schedules or management plans or to take such other
action as may be necessary to achieve the goals of this
subsection.
Section Three - Restrictions.
A. New or Increased Discharges. A user shall not initiate a
significant new or increased discharge without first complying
with the reporting provisions of Article VIII, Section Six and
39
until having received approval from the Director subject to the
provisions of Article VI, of this Ordinance.
B. Upsets. In the event of an upset, as defined in this
Ordinance, the user shall take all feasible steps to control
production or discharges so as to minimize the extent or duration
of any noncompliance until the condition causing the upset is
mitigated or an alternative method of maintaining compliance
approved by the Director is provided. The user shall also comply
with the reporting requirements of Article VIII, Section Eight of
this Ordinance.
C. Dilution Prohibited. Except where expressly authorized to do
so by an applicable categorical pretreatment standard or
requirement, no user shall increase the use of potable or process
water in any way for the purpose of diluting a discharge as a
partial or complete substitute for pretreatment required to comply
with the provisions of this Ordinance.
D. Bypassing. No industrial user may bypass any portion of its
pretreatment facilities except when necessary to perform essential
maintenance and then only if the bypass will not result in a
violation of applicable pretreatment standards or requirements.
Any other pretreatment facility bypass is prohibited unless:
(1) The bypass is unavoidable to prevent loss of life, personal
injury or severe property damage;
(2) There are no feasible alternatives to the bypass; and
(3) In the event of an anticipated bypass, advance notice is
40
provided to the Director.
Any pretreatment facility bypass shall be reported to the Director
in accordance with the provisions of Article VIII, Section Eight
of this Ordinance.
E. Prohibited Discharges to Sanitary Sewers: No person shall
discharge or cause to be discharged into any sanitary sewer any:
(1) Stormwater, surface water, or groundwater,
(2) Roof runoff,
(3) Cooling water which is from a non-contact once-through
operation and which is not treated prior to or during use, or
(4) Unpolluted water,
except that; (a) any water listed above which contains pollutants
regulated by this Ordinance may be discharged when approved by the
Director subject to any pretreatment, flow control or other
control measures and monitoring procedures as determined by the
Director, and, (b) small volumes of otherwise excluded cooling
water may be discharged provided such discharge does not violate
any other provisions of this Ordinance.
F. Open Connections Prohibited. No person constructing or
repairing a sanitary sewer, or any building sewer connected to a
sanitary sewer shall leave such sewer open, unsealed, or
incomplete in a manner which will permit stormwater, groundwater,
or surface water to enter any District sanitary sewer. All such
openings shall be tightly sealed at all points whenever work is
not actually in progress on such sewer or connection.
41
ARTICLE VI - AUTHORITY TO PROHIBIT OR REGULATE DISCHARGES
Section One - Control Alternatives.
A. If any wastewater or stormwater is discharged or is proposed
to be discharged into the District's system, the Director, in
order to ensure compliance with the provisions of this Ordinance
or with State or federal regulations, may take one or more of the
following actions:
1.Prohibit the discharge,
2.Require pretreatment to a condition acceptable for
discharge into the wastewater system,
3.Require treatment to a condition acceptable for discharge
into a separate storm sewer, drainage facility or
watercourse.
4.Require controls on the quantities and rates of discharge,
5.Require payment to cover added costs of handling and
treating the wastes not covered by existing fees or
user charges,
6.Require the development of compliance schedules for meeting
any applicable treatment or pretreatment standard, or
stormwater discharge standard or any requirement of
this Ordinance,
7.Require the submission of reports necessary to assure
compliance with any applicable treatment or
pretreatment standard, or stormwater discharge
standard, or any requirement of this Ordinance,
42
8.Require the user to obtain a discharge permit from the
District.
9.Carry out all inspections, surveillance, and monitoring
necessary to determine compliance with any applicable
treatment or pretreatment standard, stormwater
discharge standard or any requirement of this
Ordinance,
10.Require submission of management plans for the control of
accidental discharges or slug discharges,
11.Require submission of management plans to control
pollutants entering the wastewater and/or separate
stormwater system,
12.Require sampling and analysis of discharges and reporting
of the results,
13.Seek remedies for noncompliance by any user as provided in
Article IX of this Ordinance, and/or
14.Terminate service.
B. When considering the above alternatives, the Director shall
ensure that the District is in compliance with all State and
Federal requirements and limitations. The Director shall also
take into consideration the cost effectiveness, economic impact of
each alternative on the user and the District, and any other
factors relevant to the situation.
Section Two - Variances.
A. Categorical Pretreatment Standards: Requests for variances
43
from categorical pretreatment standards shall be made directly to
the Missouri Department of Natural Resources (MDNR) in accordance
with the provisions of 40 CFR 403.13. One copy of such a variance
application and its supporting documentation shall be provided to
the Director no later than the date of submittal to MDNR.
B. District Standards: Requests for variances from the
District's limitations or requirements contained in this Ordinance
shall be made in writing to the Director on a form provided by the
Director. The Director may approve or deny a variance application
in full or in part and shall set time limits for the duration of
the variance. No variance may be approved for a time period
longer than three (3) years. Variances shall contain such
conditions as the Director determines necessary to ensure
compliance with this Ordinance and with any State or Federal
regulations. The Director will notify the applicant in writing of
his decision within sixty (60) days of receipt of a completed
application. Variances from District standards may be approved
only where:
(1) The alternative limit is no less stringent than justified by
the factors presented for consideration; and
(2) The alternative limit will not result in a violation of the
prohibitions in Article V, Section One; and
(3) The alternative limit will not result in an adverse non-water
quality environmental impact; and
(4) The alternative limit will not violate any applicable State,
44
Federal or local regulations; and
(5) Compliance with the standard would result in either (a) a
removal cost that can not be justified for the size and/or
nature of the discharge, or (b) an adverse non-water quality
environmental impact.
C. Hauled Wastes: When a variance from a District limitation is
sought for discharge of a hauled waste subject to the provisions
of applicable District Ordinances, the Director may approve or
deny the request solely on the basis of the information contained
in the application for special discharge and an analysis of the
waste to be hauled using the criteria in subsection B above.
D. Variance Modification or Revocation: The Director may revoke
a variance after thirty (30) days notice to the user for cause
including, but not limited to, the following causes:
(1) A violation of any term or condition of the variance.
(2) A misrepresentation or failure to fully disclose all relevant
facts in obtaining a variance.
(3) A determination by the Director based upon additional
information, that a variance is no longer appropriate.
The Director may modify a variance after thirty (30) days notice
to the user following a determination by the Director that the
circumstances under which the variance was granted have changed
and a modification is necessary to ensure compliance with the
conditions stated in subsection B of this Section.
Section Three - Discharge Permits.
45
A. Permit Required: The Director may require that a user obtain
a permit to discharge into the District's wastewater system or
stormwater system. Such judgment shall be made based upon data
contained in the User Questionnaire or in other reports required
pursuant to Article VIII of this ordinance or resulting from
sampling or investigations performed by the District or as
required by State or Federal regulations.
1. Within 60 days of being notified by the Director that a
permit is required, the user shall submit a permit application on
a form provided by the Director complete with all supplementary
information as specified on the application form and as specified
in the Director's notification. The Director shall promptly
review the application and shall advise the applicant of any
deficiencies. The Director shall issue or deny the permit within
90 days of receipt of a complete application, including all
supplementary information required. Should the applicant fail to
correct application deficiencies within a reasonable period of
time, the Director may proceed to issue or deny the permit within
90 days of his last request for information.
2. Any user who has been issued a discharge permit shall
apply for renewal of that permit at least 180 days prior to the
expiration date contained therein. The District shall process
permit renewal applications on the same basis as a first time
application. Any user who fails to submit a timely application
for permit renewal will be subject to enforcement action as
46
provided in Article IX of this ordinance.
3. No user who has been required to submit a permit
application may continue to discharge into the District's system
after the date of a permit denial.
4. The terms and conditions of a permit are automatically
continued past its expiration date and remain fully enforceable
pending issuance of a new permit if: (a) The permittee has
submitted a timely and sufficient application for renewal; and (b)
The District is unable, through no fault of the permittee, to
issue a new permit before the expiration date of the previous
permit; and (c) The permittee is not in significant noncompliance
with the terms and conditions of the previous permit on its
expiration date.
B. Change in or Termination of Discharge:
1. A permittee shall not significantly increase the
average daily volume, or flow rate of discharge or add any
significant new pollutants or significantly increase the discharge
of existing pollutants set forth in a permit without first having
secured an amendment to the permit unless the permit conditions
authorize such increase or additions without an amendment. A
permittee shall notify the Director of any proposed significant
new or increased discharge in accordance with the provisions of
Article VIII, Section Six. If required by the Director, the
permittee shall submit a new permit application for the discharge
and shall not commence the new or increased discharge until a
47
revised permit has been issued.
2. Whenever any discharge covered by a permit is
permanently eliminated, the existing permit will be terminated or
modified upon verification by the Director.
C. Permits not Transferrable: A permit may not be transferred
or reassigned. When a property covered by a discharge permit is
sold or otherwise transferred to a new owner, the new owner shall
apply for a new permit at least ten (10) days prior to the
transfer and shall agree to abide by all of the conditions and
terms of the previous owner's permit until the Director issues a
new permit or denies the application.
D. Permit Conditions: The Director shall include conditions and
terms in each permit to ensure compliance with the provisions of
this Ordinance and with applicable State and federal regulations.
Conditions may include, but are not limited to:
1.Limits on rate, time, and characteristics of discharge or
requirements for flow regulation and equalization;
2.Installation and maintenance of inspection, flow
measurement, and sampling facilities, including access
to such facilities;
3.Specifications for monitoring programs which may include
flow measurement, sampling, chemical and biological
tests, recording of data, and reporting schedule;
4.Treatment or pretreatment standards and requirements;
5.Schedules for development and/or implementation of
48
management plans, drawings and specifications,
construction of necessary facilities or process
changes, including schedules for reporting progress
toward meeting these requirements;
6.Submission of self-monitoring reports and other reports as
required pursuant to this Ordinance;
7.Effective date and termination date. No permit will be
issued for a time period longer than five (5) years.
8.Special service charges or fees pursuant to applicable
Ordinances;
9.Any other conditions to ensure compliance with this
Ordinance and with applicable requirements of State and
Federal regulations.
10.Authority to revoke for cause.
E. Permit Modification or Revocation: The Director may revoke a
permit after thirty (30) days notice to the user for cause
including, but not limited to, the following causes:
(1) A violation of any term or condition of the permit.
(2) A misrepresentation or failure to fully disclose all relevant
facts in obtaining a permit.
The Director may modify a permit after thirty (30) days notice to
the user following promulgation of new State, Federal or local
regulations to ensure compliance with the effective dates
contained in any such new regulations.
Section Four - Special Agreements.
49
When necessary to provide for proper treatment of wastewater or
stormwater, the Director may enter into special agreements or
arrangements with a user to accept wastewater or stormwater into
the District's system at other than the usual discharge points or
to accept wastewater or stormwater of unusual strength or
character for special treatment, subject to any special discharge
conditions or payments or user charges as may be applicable.
50
ARTICLE VII - TREATMENT, PRETREATMENT
AND DISCHARGE CONTROL FACILITIES
Section One - Facilities Required.
A. Treatment, pretreatment or discharge control facilities shall
be provided for discharges to the District's system when required
by State or Federal regulations or when, in the judgement of the
Director, such facilities are necessary to ensure compliance with
the provisions of Articles III through VI of this Ordinance or for
the control of pollutants which are contained or may be contained
in any of the user's discharges or for the prevention or control
of slug discharges or spills. All such facilities shall be
located so as to be readily accessible for maintenance and
inspection.
B. Interceptors or traps for oil, grease, grit, or other harmful
or flammable substances which can be trapped, shall be provided
when required by the Director. Such interceptors or traps shall
not be required for private dwelling units. Degreasers, enzymes
and similar substances which act to temporarily emulsify or
suspend oil or grease shall not be introduced into any trap
designed to capture and retain oil and grease. All traps shall be
maintained in a manner which prevents the trapped substances from
being discharged into the wastewater system, stormwater system, or
any watercourse.
C. Spill containment facilities shall be provided when required
51
by State or Federal regulations or when, in the judgement of the
Director, such facilities are necessary for the containment of any
raw materials, products, wastes or other potential pollutants used
or stored on the user's premises in such locations that a spill of
the material may enter into the District's system or a watercourse
and cause interference or pass through or cause violations of the
District's NPDES permit or cause violations of State or Federal
water quality standards.
D. Stormwater treatment or control facilities shall be provided
when required by State or Federal regulations or when, in the
judgement of the Director, such facilities are necessary for the
treatment or control of stormwater which has or may come into
contact with any raw materials, products, wastes or other
potential pollutants used or stored on the user's premises in such
locations that stormwater flowing through or running off the
user's premises may contact such materials and may convey
pollutants therefrom into the District's system or a watercourse
and cause interference or pass through or cause violations of the
District's NPDES permit or cause violations of State or Federal
water quality standards.
Section Two - Drawings and Specifications.
Drawings, specifications, and any other pertinent engineering data
relating to proposed wastewater treatment or pretreatment
facilities, holding tanks, grease, oil and grit interceptors,
spill control or containment facilities or other facilities to be
52
utilized in the treatment, pretreatment, or control of wastewater
or stormwater discharged to any sewer or watercourse within the
District, shall be submitted to the Director for approval. All
plans and specifications shall be prepared by a registered
professional engineer, licensed in the State of Missouri, except
this requirement may be waived on a case by case basis by the
Director for facilities which will not become part of the system
owned or operated by the District. Construction of facilities
shall not be started until said drawings and specifications have
been approved by the Director through issuance of a construction
permit or other written approval.
Section Three - Construction Approvals.
A. Construction Permit: Before starting construction of any
residential, or non-residential wastewater system, treatment
facility, or drainage facility or any connection to the District's
system, the owner thereof shall first obtain a construction permit
from the Director. The application for such permit shall be made
on a form furnished by the Director. Fees for plan review,
connection, permits and inspections shall be paid to the District
in accordance with applicable Ordinances. The Director shall
either issue or deny the requested permit within 90 days after
submittal of the application.
B. Construction Approval: Before starting construction of any
pretreatment facility or any other facility not included under
Subsection A of this Section for the control of wastewater or
53
stormwater discharges or for spill control or containment, the
user shall first obtain written approval from the Director. The
Director shall either approve or reject a pretreatment or other
facility design within 90 days after its submittal.
Section Four - Construction Inspections.
The Director shall have the right to inspect the work at any stage
of construction of any facility required pursuant to Section One
of this Article, or any connection to the District's system. The
owner or contractor shall notify the Director before any
underground portions are covered, and when the work is ready for
final inspection. Inspections shall be made within two (2)
working days following receipt of such notice by the Director
unless the owner or contractor agrees to a later time for the
inspection.
Section Five - Management Plans Required.
A. Management plans for the control of accidental discharges or
slug discharges shall be provided when required by State or
Federal regulations or when, in the judgement of the Director,
such plans are necessary for the control of slug discharges or for
the control of pollutants that could be discharged to the
District's system during an accidental discharge on the user's
premise. When required such plans shall include, as a minimum,
the following elements:
1.Description of discharge practices, including non-routine
batch discharges.
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2.Description of stored chemicals.
3.Procedures for notifying the District of any accidental
discharges or slug discharges pursuant to Article VIII,
Section Eight of this Ordinance.
4.Procedures to prevent accidental discharges or slug
discharges.
5.Procedures for containing spills that occur.
6.Measures for controlling toxic organic pollutants.
7.Procedures and equipment for emergency response.
8.Follow up practices to limit damage to the District's
system and the environment.
When a user has developed a similar plan under RCRA, CERCLA, or
other statutes and such plan provides adequate protection for the
District's system and the environment, the Director may accept
that plan as fulfilling the requirements of this subsection.
B. Solvent management plans shall be provided when required by
the Director or by any State or Federal regulation.
C. Stormwater management plans shall be provided when required
by the Director or by any State or Federal regulation.
D. Any other management plans shall be provided when required by
the Director for the control of discharges or for the control or
containment of any raw materials, products, wastes or any other
substances which are potential pollutants if discharged into the
District's system or into a watercourse.
Section Six - Compliance Schedules.
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When required pursuant to the provisions of Article VI, Section
One or Section Three of this Ordinance, or when in the judgement
of the Director, a schedule is required to ensure compliance with
any provision of this Ordinance, a user shall develop a compliance
schedule which contains increments of progress toward meeting
applicable treatment or pretreatment standards, or stormwater
discharge requirements or any provisions of this Ordinance. The
increments shall be in the form of dates for commencement and
completion of major events leading to the construction and
operation of treatment or pretreatment facilities or process
changes. No increment shall exceed nine months. The schedule
shall provide for the shortest period of time practicable for
completion of necessary facilities or process changes. When the
schedule is for compliance with newly promulgated categorical
pretreatment standards, the final date for compliance may not be
later than the compliance date contained in the standard.
Section Seven - Pollution Control Operations.
All facilities for the treatment, pretreatment, or control of
wastewater, cooling water or storm water or for spill containment
shall be maintained continuously in satisfactory and effective
operation by the user at the user's expense and shall be subject
to inspection as deemed necessary by the Director. The user shall
maintain operating records and shall submit all reports as
stipulated in Article VIII, and Article X, of this Ordinance.
Sludges, floatables and all other residuals removed during
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treatment or pretreatment operations or from grease, oil and grit
traps or from spill containment facilities or from accidental
discharge remediation activities, shall be disposed of in
accordance with applicable local, State and Federal regulations.
Section Eight - Provisions for Monitoring.
A. When required by the Director, the user shall provide a
suitable manhole or other appurtenance in each building sewer and
in each regulated process discharge or at other suitable locations
determined necessary by the Director, to facilitate observation,
sampling, and measurement of all wastewater discharged from
regulated processes and all wastewater, cooling water or
stormwater discharged from the user's premise into the District's
system. Such sampling points shall be located so as to ensure the
ability to collect samples which are representative of the user's
daily operations. All sampling points shall be designed and
constructed in a manner approved by the Director and shall be
provided and maintained by the user at the user's expense and
shall be safe and accessible at all times.
B. Whenever the Director determines that a public safety hazard
may exist due to the nature of a user's discharge, the Director
shall require the user to install and maintain at the user's
expense suitable monitoring devices to detect the presence of
hazardous conditions.
Section Nine - Safeguards Against Accidental/Slug Discharges.
Each user shall provide safeguards against accidental discharges
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to the District's system of prohibited substances or of regulated
substances in excess of limitations and of slug discharges.
Facilities to prevent accidental discharges and slug discharges
shall be provided and maintained at the user's expense. The user
shall report all accidental discharges and slug discharges to the
Director in accordance with the provisions of Article VIII,
Section Eight of this Ordinance. Costs incurred by the District
during mitigation of accidental or slug discharge events may be
charged to the responsible person as provided in Article IX,
Section Six.
Section Ten - Employee Emergency Advisory.
Emergency notification procedures shall be permanently posted by
the user on bulletin boards or in other prominent places advising
employees whom to call in the event of an upset, accidental
discharge or slug discharge. At a minimum, notification shall be
made to the District's emergency response number. Other agencies
shall be notified as per applicable laws and regulations. Users
shall make certain that all employees who may be in a position to
cause or observe such incidents are advised of the emergency
notification procedures.
Section Eleven - Local Approvals.
Users who are required to construct or operate facilities under
the provisions of this Ordinance may be subject to local health
and building codes. It is the user's responsibility to ensure
that all such requirements are met.
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ARTICLE VIII - USER REPORTS AND MONITORING
Section One - User Questionnaire.
When required by the Director any user as identified below shall
submit applicable User Questionnaires to the Director on forms
provided by the Director.
(1) Any user who discharges wastewater to the District's
wastewater system, or stormwater system or to a watercourse,
and who consumes at least fifty thousand (50,000) cubic feet
of water in a six month period.
(2) Any user who discharges or may discharge toxic substances.
(3) Any user subject to Federal Categorical Pretreatment
Standards.
(4) Any user required to pretreat wastewater in accordance with
Article VI.
(5) Any user who discharges radioactive materials.
(6) Any user who discharges stormwater associated with industrial
activity as defined in 40 CFR 122.26(b) or any user who the
Director determines is or may be contributing a substantial
pollutant loading to the District's stormwater system.
(7) Any other user not previously listed when the Director
determines that such information is required to ensure the
District's compliance with any State or Federal regulation or
with the provisions of this Ordinance.
Any user who has previously submitted a User Questionnaire may be
59
required to submit a new questionnaire at any time the Director
determines such information is necessary to ensure the District's
compliance with any State or Federal regulations or with any
provisions of this Ordinance. Unless so requested by the
Director, a user who submitted a questionnaire prior to enactment
of this Ordinance, is not required to submit a new questionnaire.
Section Two - Baseline Monitoring Report.
Any existing industrial user subject to a newly promulgated
categorical pretreatment standard or a new source or any source
that becomes subject to the standard after the promulgation of an
applicable categorical standard, shall submit a report to the
Director which contains the information required by 40 CFR
403.12(b). Existing users shall submit the report within 180 days
of promulgation of the standard. New sources and sources that
become subject to the standard after promulgation shall submit the
report at least 90 days before initiating discharge. The report
shall indicate whether or not applicable pretreatment standards
are being met on a consistent basis; and, if not, whether
additional operation and maintenance and/or additional
pretreatment is required for the user to meet applicable
pretreatment standards and requirements. If additional
pretreatment and/or operation and maintenance will be required to
meet the standards, a schedule shall be developed by the user,
with the approval of the Director, to indicate when the user will
provide such additional pretreatment. The completion date in the
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schedule shall not be later than the compliance date established
for the applicable pretreatment standards.
Section Three - 90 Day CPS Compliance Report.
When required by the Director, within 90 days following the date
for final compliance with applicable categorical pretreatment
standards (CPS) or following commencement of introduction of
wastewater from a new source into the District, any industrial
user subject to the standards shall submit a report to the
Director which contains the information required by 40 CFR
403.12(b).
Section Four - Self-Monitoring Reports.
A. When required by the Director or by State or Federal
regulations, any user who discharges any wastewater or stormwater
to the District's system shall submit to the Director self-
monitoring reports identifying the nature and concentration or
mass of prohibited or regulated substances in discharges from
regulated processes or from the user's premises. The results
shall be reported as concentration if the pollutant limits are
given in concentration terms and shall be reported as mass if the
pollutant limits are given as mass. The report shall include a
record of all measured or estimated average and maximum daily
flows during the reporting period. Other information may be
required based upon applicable State and Federal regulations. The
reporting period shall be determined by the Director based upon
the quantity or characteristics of the discharge or the
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requirements of the State or Federal regulations. All sampling
and analyses performed to satisfy this monitoring requirement
shall be performed in accordance with the provisions of Article X,
Section Two of this Ordinance.
B. If a user performs monitoring using the methods specified in
Article X, Section Two, more often than required by the Director,
the results of all such additional monitoring and any additional
flow measurements shall be reported to the Director at least
quarterly.
C. If any sampling performed by a user using the methods
specified in Article X, Section Two indicates a violation of any
pretreatment limitation the user shall notify the Director within
one business day of becoming aware of the violation. The user
shall resample the discharge and shall submit the results of the
resampling to the Director within thirty (30) days of becoming
aware of the violation.
Section Five - Production Reports.
A. All users subject to production based discharge limitations
shall submit to the Director periodic reports on production rates.
The first report shall be submitted within 90 days following the
date for final compliance with applicable categorical pretreatment
standards or following commencement of discharge from a new source
into the District. Thereafter, the reports shall be submitted
semi-annually at the times specified by the Director. Users for
which equivalent mass or concentration limits have been
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established by the Director in accordance with Article V, Section
Two, subsection A, shall report a reasonable measure of the user's
long term average daily production rate. For the initial report,
the long term average daily production rate should be based upon a
minimum of one recent year's historical data, if available, or
upon well documented projections if such data are not available.
Subsequent reports shall contain actual average daily production
rates during the reporting period. All other users subject to
production based discharge limitations shall report the actual
daily production rates during the reporting period.
B. Any user for which the Director has converted production
based discharge limitations to equivalent mass or concentration
limits shall notify the Director within two (2) business days
after the user has a reasonable basis to know that the average
daily production rate will significantly change within the next
calendar month.
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Section Six - Reports of New/Increased Discharge.
Any user planning a significant new or increased discharge, shall
notify the Director at least ten (10) business days prior to the
date of the planned increase or addition. The Director may
exercise the authority granted in Article VI, Section One to
impose conditions on the proposed increase or addition.
Section Seven - Compliance Schedule Progress Reports.
Any user for which a compliance schedule has been established
pursuant to the provisions of this Ordinance, shall submit a
report of progress to the Director not later than fourteen (14)
business days following each date in the schedule and the final
date for compliance or at such frequency as the Director has
determined necessary. Each report shall state the status of
compliance with the progress increment due and shall explain the
reasons for any delays, actions being taken to return to schedule
and the expected date the missed increment will be completed.
Section Eight - Notification of Problem Discharge.
A. Unanticipated Discharge: In the event of any problem
discharge into the District's system, the user shall immediately
notify the Director by telephone of the incident and shall provide
such information as the Director may require at that time in order
to assess the impact of the incident on the District's system or
on water quality. Within five (5) business days following any
such incident, the user shall submit to the Director a detailed
written report which contains a description of the incident and
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its cause, location within the user's facility, exact dates and
times of the period of problem discharge and, if not yet
corrected, the anticipated time the incident is expected to
continue, and steps taken or planned to correct the current
incident and to reduce, eliminate and prevent occurrences of
future such incidents. Such notification shall not relieve the
user of any expense, loss, damages, or other liability which may
be incurred as a result of damage to the District's system, fish
kills, or any other damage sustained by any person or property;
nor shall such notification relieve the user of any fines,
criminal or civil penalties, or other liability which may be
imposed by this Ordinance or other applicable law.
B. Anticipated Discharge: If a user anticipates a need for a
pretreatment facility or treatment facility bypass which may cause
pretreatment or treatment standards or requirements to be
violated, the user shall notify the Director prior to commencing
the bypass. An anticipated bypass will be allowed only when the
conditions specified in Article V, Section Three, subsection D are
met.
Section Nine - Hazardous Waste Discharge Report.
Any user who discharges to the District's wastewater system any
substance which, if otherwise disposed, is a listed or
characteristic waste in 40 CFR 261, shall submit to the Director a
report pursuant to the provisions in 40 CFR 403.12(p). Pollutants
already being reported to the Director pursuant to the provisions
65
of Section Four of this Article do not have to be included in this
report. Users who are initially exempt from this reporting
requirement because they do not discharge applicable quantities of
hazardous wastes are subject to the reporting requirements of
Section Six of this Article if they subsequently initiate
discharge of such wastes.
Section Ten - Non-District Operated Facilities Reports.
Any person who operates a wastewater system or wastewater
treatment facility or who discharges any wastewater, cooling
water, storm water or unpolluted water into any watercourse within
the District shall furnish such reports as may be required by the
Director for ascertaining compliance with this Ordinance.
Section Eleven - Stormwater Reports.
When required by the Director, any user who discharges stormwater
to the District's stormwater system shall submit a report to the
Director which includes the following information:
(1) Name and address of the facility and name and telephone
number of a contact person.
(2) Location of the discharge on the user's property.
(3) Description, including SIC, which best reflects the
principal products or services provided by the
facility.
(4) Any existing NPDES number for the discharge.
(5) Any of the information specified in 40 CFR
122.26(c)(1)(i)(A) through (E) which the Director
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determines is necessary.
(6) Any other information the Director determines is
necessary to evaluate compliance with this Ordinance
and with NPDES stormwater regulations.
Any user who plans a new discharge of stormwater associated with
industrial activity, as defined in 40 CFR 122.26(b)(14) shall
submit such report at least 180 days before initiating the
discharge, except that dischargers included under
122.26(b)(14)(x) shall submit such report at least 90 days
before initiating construction. All other users who
discharge stormwater shall submit such reports at the times
specified by the Director.
Section Twelve - Other Reports.
Users shall submit any other reports required by the Director to
ensure compliance with the provisions of this Ordinance and with
applicable State and Federal regulations.
ARTICLE IX - ENFORCEMENT
Section One - Notification of Violation.
Whenever any user is found to have violated or to be violating any
provision of this Ordinance or a discharge permit or order issued
pursuant to this Ordinance, the Director shall provide the user
with a notification of the nature of the violation and direct that
actions be taken to remedy the noncompliance. Within thirty (30)
days after receipt of the notice, unless a shorter time is
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specified in the notice, a plan for the satisfactory correction
thereof shall be submitted by the user to the Director.
A. Verbal Notice: For a violation which involves the discharge
or imminent threat of discharge of pollutants by a user and which
presents or appears to present an immediate danger to the health
or welfare of humans, the Director may notify the user by
telephone or visit to take immediate action to discontinue or
reduce the discharge to safe levels or, in the case of an imminent
threat, to take appropriate actions to eliminate the threat within
a reasonable amount of time as established by the Director. Such
verbal notice shall be followed within five days by a written
notice.
B. Written Notice: For any violation other than one requiring
immediate action, the Director may notify the user by letter or by
order as provided in Section two of this Article of the nature of
the violation and require the user to take action to remedy the
noncompliance.
Section Two - Administrative Orders.
The Director is authorized to issue the following administrative
orders at any time he deems such action appropriate to secure
timely and effective compliance with this Ordinance or a discharge
permit or order issued pursuant to this Ordinance, whether or not
any previous notifications of violation have been provided to the
user.
A. Cease and Desist Order: The Director may issue an order to
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cease and desist a violation or an action or inaction which
threatens a violation and to direct the user to comply forthwith
or to take such appropriate remedial or preventive action as may
be needed to properly address the violation or threatened
violation, including halting operations and terminating the
discharge.
B. Compliance Order: The Director may issue an order requiring
a user to provide within a specified period of time, such
treatment, pretreatment or discharge control facilities or related
appurtenances as are necessary to correct a violation or to
prevent a threatened violation. A compliance order may also
direct that a user provide improved operation and maintenance of
existing discharge facilities, conduct additional self-monitoring
or submit appropriate reports or management plans.
C. Show Cause Order: The Director may issue an order to show
cause why a proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place
for a meeting, the proposed enforcement action and the reasons for
such action, and a request that the user show cause why the
proposed enforcement action should not be taken. Whether or not a
duly notified user appears as noticed, additional enforcement
action may be initiated.
D. Consent Order: The Director may enter into consent orders,
assurances of voluntary compliance, or other similar documents
establishing an agreement with a user. Such orders shall include
69
specific actions to be taken by the user and specific time frames
to correct a violation or to remove the threat of a violation.
Section Three - Emergency Action.
When a user has failed to take action within the time established
in a notice or order to eliminate an imminent threat to humans or
to the environment or to the effective operation of District
facilities, the Director may take such action as deemed necessary,
including work by District personnel to eliminate the threat or to
mitigate the impact on the District's system or the environment.
The Director shall attempt to notify the user of the intended
action, but if unable to do so within a reasonable period of time,
shall proceed with the action.
Section Four - Legal Action and Penalties.
As an alternative to, or in addition to, the procedures set forth
in Sections One through Three of this Article, the Director may
initiate through counsel litigation for appropriate legal and/or
equitable relief in the City or County Courts having jurisdiction.
A. Injunctive Relief: Injunctive relief may be sought to
restrain a violation or threatened violation of any of the
provisions of this Ordinance.
B. Consent Decree: When deemed appropriate, the District may
enter into a consent decree with any person accused of a violation
of this Ordinance, prior to a full hearing on the issues.
C. Penalties: Any person who pleads or is found guilty of a
violation of this Ordinance shall be fined not more than One
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Thousand Dollars ($1000.00) or be imprisoned for a period of not
more than one year, or both such fine or imprisonment, for each
violation. Each day in which any such violation shall continue
shall be deemed a separate offense.
Section Five - Liability Due to Violations.
A. Any person who violates any provisions of this Ordinance
shall be liable to the District for any expense, loss, or damage
incurred by the District due to such violation and for any
penalties assessed against the District by reason of such
violation.
B. Actions taken by a user in response to notifications, orders
or enforcement activities initiated by the District pursuant to
Sections One through Three of this Article in no way relieve the
user of liability for any violations occurring before or after the
District's action.
Section Six - Recovery of Costs.
The Director shall bill the user for the costs incurred by the
District for any work undertaken pursuant to the provisions of
Section Three of this Article. The Director may also bill the
user for work undertaken pursuant to the provisions of Article IV,
Section Two and Article VII, Section Nine of this Ordinance.
Failure to pay any such assessed costs within thirty (30) days
after demand has been made shall constitute a violation of this
Ordinance, enforceable under the provisions of this Article, or
notice may be filed in the Office of the Recorder of Deeds of the
71
City or County having jurisdiction, as the case may be, whereupon
such bill shall become a lien against the property involved.
Section Seven - False Statements.
Any person who knowingly makes any false statements,
representation or certification in any application, questionnaire,
record, report, plan, drawing or other document filed or required
to be maintained pursuant to this Ordinance, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring
device or method shall, upon conviction, be subject to the
penalties stipulated in Section Four of this Article.
Section Eight - Publication of Violators.
A list of the users who have experienced significant noncompliance
of the pretreatment limitations or requirements of this Ordinance
during the previous twelve (12) months shall be published annually
by the Director in the largest daily newspaper published in the
District's service area. The notification shall also summarize
any enforcement action taken against the user during the same
period.
ARTICLE X - GENERAL PROVISIONS
Section One - Records Retention.
All persons subject to this Ordinance shall retain and preserve,
for not less than three (3) years, all records, books, documents,
memoranda, reports, sample analysis results, correspondence and
any and all summaries thereof relating to the monitoring, sampling
72
and chemical analyses of their discharge made by or on their
behalf. All records which pertain to matters which are the
subject of administrative action or any other enforcement or
litigation activities brought by the District shall be retained
and preserved by such persons until all enforcement activities
have been concluded and all periods of limitation with respect to
appeals have expired.
Section Two - Analytical Procedures.
All sampling and analyses performed to satisfy the monitoring and
reporting requirements of this Ordinance shall be performed in
accordance with the techniques prescribed in 40 CFR 136 and
amendments thereto unless other techniques are prescribed for
specific parameters.
A. Sampling of discharges subject to categorical standards and
sampling of discharges to the District's wastewater system shall
be conducted in such a manner as to ensure that the results of
individual samples (whether grab or composite) are representative
of daily operations and that the results of all samples during the
reporting period are representative of the conditions during the
reporting period.
B. Sampling of discharges to a separate storm sewer shall be
conducted in accordance with 40 CFR 122.21(g)(7) and 122.26(d)(2)
or as specified in any NPDES permit issued for such discharges.
C. When a user employs continuous monitoring techniques for
temperature or pH and maintains records of the temperature or pH
73
continuously monitored, the user shall meet the temperature and pH
prohibitions and limitations specified in Article V of this
Ordinance and in any applicable categorical standard, except that
unintentional and temporary excursions above the temperature and
upper pH values and below the lower pH values are allowed so long
as:
(1) The total time during which values for each parameter are
outside the prohibition or limitation levels does not exceed
Eight (8) hours in any calendar month;
(2) No individual excursion exceeds sixty (60) minutes in length;
and
(3) No excursion results in or contributes to violations of the
prohibitions in Article V, Section One, Subsections A.1, A.8
or A.14 or otherwise endangers life, limb or property or
causes a public nuisance.
When the Director determines that a sixty minute excursion by any
user will or may result in a violation as described in (3) above,
the Director may establish a shorter allowable duration for that
discharger.
Section Three - Certifications on Applications and Reports.
A. All reports, questionnaires or applications required to be
submitted to the Director pursuant to the provisions of this
Ordinance shall contain the following certification statement:
"I certify under penalty of Law that this document and all
attachments were prepared under my direction or supervision
74
in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to
the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties
for submitting false information, including the possibility
of fine and imprisonment for knowing violations."
B. All reports, questionnaires and applications must be signed
as follows:
1. By a responsible corporate officer if the user is a
corporation.
2. By a general partner if the user is a partnership.
3. By the proprietor if the user is a sole proprietorship.
4. By a duly authorized representative of the individual
designated in 1, 2 or 3 if that individual submits a written
authorization to the Director and the authorization specifies
a person or position having responsibility for the overall
operation of the facility from which the discharge
originates, such as a plant manager, or overall
responsibility for environmental matters at the company. A
new authorization must be submitted to the Director anytime
the person or position changes.
Section Four - Data Verification.
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When the Director determines it is necessary to verify any data
reported on any application or any User Questionnaire or any other
reports submitted pursuant to the provisions of this Ordinance,
the Director may sample wastewater or stormwater discharges or
potential sources of pollutant discharges from an applicant or a
user. Samples may be collected by the District on a periodic or
continuous basis as required to verify reported data. The
analytical information obtained from such sampling, if
substantially different from reported data, may be used in lieu of
the information reported by the applicant or user. If deemed
necessary, an extended, comprehensive sampling program may be
conducted after notice to the user by the Director to obtain
additional discharge or source data necessary for verification of
reported data. The analytical results obtained from said program
may also be used in lieu of reported values for each source or
potential source of pollutant discharge. If a comprehensive
sampling program is deemed necessary, all equipment installation,
sampling, and analysis costs shall be borne by the user in
accordance with applicable ordinances. If the user elects to make
the sampling or monitoring installations with the user's own
personnel, each installation shall be of a type and configuration
acceptable to the Director. The hours of operation of any gauging
or sampling station shall be the time required, as approved by the
Director, to obtain representative samples of the effluent
discharged and to conduct necessary analytical examinations of the
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samples collected.
Section Five- Right of Entry.
In order to ensure compliance with the provisions of this
Ordinance and applicable State and Federal regulations, District
representatives may inspect a user's treatment, pretreatment or
discharge control facilities, or any process or any area of the
user's premise which may be a source of any discharge or a source
of any pollutants contained in any discharge into the District's
wastewater or stormwater system or any watercourse; conduct
sampling of such facilities, processes or areas; and examine or
copy any user's records related to such discharges. Any duly
authorized representative of the District upon presentation of
proper credentials and after execution of appropriate
confidentiality agreements shall be permitted access to
appropriate areas of a user's premises without prior notice for
these purposes. A representative of the user shall, if
appropriate, accompany the District representative while the work
is being performed and shall assure that all applicable safety
rules are being observed by the District's representative.
Section Six- More Stringent State and Federal and Local
Regulations.
A. In any instance in which the State government or Federal
government modifies an existing regulation or promulgates a new
regulation which establishes treatment, pretreatment or discharge
standards or requirements for new or existing users which are more
77
stringent than those contained in this Ordinance, such State or
Federal requirements shall, on the effective date of the new
regulations, supersede the less stringent provisions of this
Ordinance and shall be fully enforceable under this Ordinance as
if fully set out herein.
B. In any instance in which a State, Federal or local government
agency imposes restrictions or limitations on the use of or
discharges to any facilities regulated by this Ordinance which are
more stringent than the provisions of this Ordinance, such
restrictions or limitations shall take precedence within the
jurisdictional area of the State, Federal or local government
agency.
Section Seven - Applicable Charges and Fees.
A. All users shall pay the sewer use charges and capital
improvement surcharges authorized by applicable District
Ordinances. Nonresidential users who discharge wastewater
containing BOD 5 , COD or TSS in excess of the concentrations of
those substances in normal wastewater may be subject to extra
strength surcharges as authorized by applicable District
Ordinances.
B. Charges or fees to provide for the recovery of costs
associated with implementation and enforcement of this Ordinance
shall be as stated in the applicable District ordinances. These
fees shall be in addition to the normal sewer use charges.
Charges and fees may include:
78
1. Fees for monitoring, inspections and surveillance;
2. Fees for laboratory analyses.
3. Fees for permit applications
4. Appeal fees;
5.Charges for emergency actions or repairs;
6.Other fees necessary to carry out the requirements
stipulated herein.
Section Eight - Damage to Property.
No person shall willfully damage, destroy, uncover, deface, alter,
or tamper with any structure, appurtenance, sampling equipment,
flow monitoring equipment, or equipment which is a part of the
District's system.
Any person who willfully or negligently damages any
structure, appurtenance, or equipment which is a part of the
District's system shall be liable to the District for all loss and
expense.
Section Nine - Conflicting Ordinances.
Ordinance 4786, adopted August 11, 1982 and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
Section Ten - Liability Under Previous Ordinances.
Nothing contained in this Ordinance shall be construed as abating
any action now pending under or by virtue of Ordinance 4786 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
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District under the provisions of Ordinance 4786.
Section Eleven - Severability.
The invalidity of any section, clause, sentence, or provision of
this Ordinance shall not affect the validity of any other part of
this Ordinance which can be given effect without such invalid
part.
Section Twelve - Right to Confidentiality.
Information and data obtained from applications, questionnaires,
permits, monitoring programs and inspections and any other
required reports or documents shall be available for inspection by
the public or any government agency without restriction, unless a
user specifically states that the release of such information
would divulge information, processes, or methods of production
entitled to protection as trade secrets of the user. Any
information submitted to the Director may be claimed as
confidential in accordance with applicable Federal regulations.
Any claim of confidentiality must be made at the time of submittal
by stamping the words "Confidential Business Information" on each
page containing such information. When requested by the user
furnishing the report, the portion of a report which might
disclose trade secrets or secret processes shall not be made
available for inspection by the public, but shall be made
available upon written request to governmental agencies for uses
related to regulation of the user's discharge; subject however to
the confidentiality provisions of 40 CFR, Part 2 which are
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incorporated by this reference as applicable to the District to
the same extent Part 2 is applicable to EPA, or any applicable
Missouri law. In the event that a party to any judicial or
administrative proceeding or any court or any administrative
agency (except as specified above) demands or subpoenas or orders
the production of any such confidential information, the District
shall immediately notify the person who supplied such information
so that person shall have the opportunity to secure judicial or
administrative relief to preserve such confidentiality. Unless
such person gets such relief, the District will comply with such
demand, subpoena or order if it is legally required so to do.
Wastewater constituents and characteristics will not be recognized
as confidential information. Persons, other than authorized
representatives of the United States Environmental Protection
Agency or the Missouri Department of Natural Resources, requesting
to review information and data must do so in writing and must pay
all applicable costs associated with the preparation and copying
of such information and data.
Section Thirteen - 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 Two of this Ordinance.
Section Fourteen - Appeals.
Any user who claims to be aggrieved by an act of, or failure to
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act by, the Director may appeal to the District's Board of
Trustees or may take such other action as provided for within the
MSD Plan. A written petition of appeal may be filed with the
Board within thirty (30) days of the Director's act or failure to
act. At its next regularly scheduled meeting the Board shall set
a time for hearing the appeal and shall give written notice to the
parties, stating the time and place for the hearing. The hearing
shall be set for a date not later than sixty (60) days from the
date of the Board meeting. The Board shall decide the appeal
within 30 days after the hearing and shall notify the parties in
writing of its decision.
The foregoing Ordinance was adopted August 14, 1991.