METROPOLITAN ST. LOUIS SEWER DISTRICT O R D I N A N C E NO. 8472
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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
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
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
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
Section Thirteen - Right to Amend Ordinance 72
Section Fourteen - Appeals 73
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.
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.
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. BOD5 (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.
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.
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.
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 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 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 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 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. 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 BOD5 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 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.
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 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.
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.
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: (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 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.
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 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 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.
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.
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.
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 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.
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:
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 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 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 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 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
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. 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 140øF (60øC) 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.
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 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 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.
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, 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 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, 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.
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 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 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 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.
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.
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 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 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 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.
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.
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 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 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.
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 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 daysof promulgation of the standard. New sources and sources that become subject to the standard after promulgation shall submit the report at least 90 days before initiating discharge. The report shall indicate whether or not applicable pretreatment standards are being met on a consistent basis; and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards and requirements. If additional pretreatment and/or operation and maintenance will be required to meet the standards, a schedule shall be developed by the user, with the approval of the Director, to indicate when the user will provide such additional pretreatment. The completion date in the schedule shall not be later than the compliance date established for the applicable pretreatment standards.
Section Three - 90 Day CPS Compliance Report.
When required by the Director, within 90 days following the date for final compliance with applicable categorical pretreatment standards (CPS) or following commencement of introduction of wastewater from a new source into the District, any industrial user subject to the standards shall submit a report to the Director which contains the information required by 40 CFR 403.12(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 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 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.
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 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 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 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 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 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 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 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 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 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 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 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.
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 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 stringent than those contained in this Ordinance, such State or Federal requirements shall, on the effective date of the new regulations, supersede the less stringent provisions of this Ordinance and shall be fully enforceable under this Ordinance as if fully set out herein.
B. In any instance in which a State, Federal or local government agency imposes restrictions or limitations on the use of or discharges to any facilities regulated by this Ordinance which are more stringent than the provisions of this Ordinance, such restrictions or limitations shall take precedence within the jurisdictional area of the State, Federal or local government agency.
Section Seven - Applicable Charges and Fees.
A. All users shall pay the sewer use charges and capital improvement surcharges authorized by applicable District Ordinances. Nonresidential users who discharge wastewater containing BOD5, COD or TSS in excess of the concentrations of those substances in normal wastewater may be subject to extra strength surcharges as authorized by applicable District Ordinances.
B. Charges or fees to provide for the recovery of costs associated with implementation and enforcement of this Ordinance shall be as stated in the applicable District ordinances. These fees shall be in addition to the normal sewer use charges. Charges and fees may include:
1. Fees for monitoring, inspections and surveillance;
2. Fees for laboratory analyses.
3. Fees for permit applications
4. Appeal fees;
5. Charges for emergency actions or repairs;
6. Other fees necessary to carry out the requirements stipulated herein.
Section Eight - 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 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 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 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.