HomeMy WebLinkAbout2004-004 - Enactment of Chapter 707 of the Municipal CodeBILL N0.2004-04
ORDINANCE N0.2004-04
AN ORDINANCE ENACTING A NEW CHAPTER 707: COMMERCIAL AND
INDUSTRIAL WASTE BY ENACTING NEW PROVISIONS GOVERNING THE
DISCHARGE OF WATERS AND WASTES INTO AND THE USE OF PUBLIC SEWERS
WHEREAS, the wastes of the City of Riverside sanitary sewer system are treated by
facilities of the City of Kansas City, Missouri in order to best protect the environment and public
waters; and
WHEREAS, the United States Environmental Protection Agency has promulgated
regulations concerning the discharge of industrial wastes, the monitoring of such wastes, and
penalties for violations of regulations; and
WHEREAS, the Board of Aldermen of the City of Riverside, Missouri has examined the
current version of the City's Code and determined that it is in the best interest of the public to
amend the City's discharge regulations, allow monitoring of those discharges by the City of
Kansas City, Missouri, and provide penalties for violations of the regulations.
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. The following revisions and additions shall be made to the specified
provisions of the City Code:
TITLE VII. UTILITIES
CHAPTER 707: COMMERCIAL AND INDUSTRIAL WASTE
SECTION 707.111: PURPOSE/INTENT
A. This Chapter sets forth requirements for discharge of commercial and industrial wastes to the
sewer system of the City of Riverside. The objectives of this Chapter are:
1. To prevent the introduction of pollutants into the sewer system that will interfere
with the operation of the sewer system or wastewater treatment facilities or damage
the infrastructure or equipment;
2. To prevent the introduction of pollutants into the sewer system which will Pass
Through wastewater treatment facilities into receiving waters without adequate
treatment or otherwise be incompatible with the sewer system and treatment works;
3. To ensure that the quality of the wastewater sludge generated in the wastewater
treatment process is maintained at a level which allows its use and disposal in
compliance with applicable statutes and regulations;
4. To protect personnel who may be affected by Wastewater and sludge in the course of
their employment and to protect the general public;
6. To provide for fees for the equitable distribution of the cost of operation,
maintenance and improvement of the sewer system and wastewater treatment
facilities;
7. To enable the City to comply with the City of Kansas City's requirements for
discharge to Kansas City, Missouri's wastewater collection and treatment facilities;
8. To establish the responsibilities and duties of the users of the sewer system; and
9. To establish the authority of the City to enforce the provisions of this Chapter and to
enable the City to assess penalties if these provisions aze not met.
B. Notwithstanding any other pretreatment provision to the contrary, nothing contained in the
Chapter or elsewhere shall be deemed to be a legally binding commitment under the Clean
Water Act, 33 U.S.C. § 1251 et s ., the Missouri Clean Water law, RSMo. § 644.006
et.sea., and applicable regulations (40 CFR Part 403, 10 CSR 20-6.100) to undertake
pretreatment implementation or enforcement activities beyond the minimum requirements of
said statues and regulations.. Nevertheless, the City maintains its discretionary authority to
undertake pretreatment activities beyond the minimum required by said statutes and
regulations.
SECTION 707.112: DEFINITIONS AND RULES OF CONSTRUCTION
A. Definitions. Unless the context specifically indicates otherwise, the meaning of terms used
in this Chapter shall be as follows:
ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act,
as amended, 33 U.S.C. § 1251, et se .
2. AUTHORIZED REPRESENTATIVE OFANINDUSTRIAL USER:
a. If the Industrial User is a corporation, Authorized Representative shall mean
the president, secretary, treasurer, or avice-president of the corporation in
charge of a principal business function, or any other person who performs
policy or decision-making functions for the corporation;
b. If the Industrial User is a partnership or sole proprietorship, Authorized..
Representative shall mean a general partner or proprietor, respectively;
c. If the Industrial User is a Federal, State or local governmental facility,
Authorized Representative shall mean a Director or the highest official
appointed or designated to oversee the operation and performance of the
activities of the governmental facility, or his designee;
d. The individuals described in pazagraphs a through c above may designate
another Authorized Representative if the authorization is submitted in writing
to the Director .and the authorization specifies the individual or position
responsible for the overall operation of the facility from which the Discharge
originates or who has overall responsibility for environmental matters for the
Industrial User.
r -r "' 1 't 4 P' i ~ 11 3 if'
3. BATCH.• A quantity of Wastewater, physically separated from all other quantities of
Wastewater for the purpose of treatment and/or Discharge.
4. BIOCHEMICAL OXYGENDEMAND (BOD): The quantity of oxygen utilized in the
biochemical oxidation of matter under standard laboratory conditions in five days at
twenty (20) degrees Centigrade, expressed in milligrams per liter (mg/1).
5. BUILDING SEWER: The extension from the building drain to the City Sewer or
other place of disposal.
6. CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD:
Any regulation containing pollutant dischazge limits promulgated by EPA in
accordance with Sections 307(b) and (c) of the Act which apply to a specific category
of Industrial Users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-
471.
7. CHEMICAL OXYGEN DEMAND (COD): A measure of the oxygen-consuming
capacity of inorganic and organic matter present in water or wastewater. It is
expressed as the amount of oxygen consumed by a chemical oxidant in a specified
test. It does not differentiate between stable and unstable organic matter and thus
does not necessarily correlate with biochemical oxygen demand (BOD).
8. CITY.• The City of Riverside, Missouri.
9. CITY SEWER: A Sewer owned or controlled by the City.
10. COMBINED SEWER: A Sewer receiving both surface runoff and Wastewater.
11. COMBINED WASTESTREAMFORMULA: A method defined in 40 CFR 403.6(e) to
derive alternative discharge limits. Such alternative discharge limits may apply
where process effluent regulated by any Categorical Pretreatment Standard is mixed
prior to treatment with Wastewaters other than those generated by the regulated
process.
12. COMMERCIAL OR INDUSTRIAL WASTES: The waterborne wastes from
commercial and/or industrial establishments as distinct from Sanitary Wastewater.
13. COMMERCIAL USER: Industrial User.
14. COMPOSITE SAMPLE: A sample resulting from the combination of individual
Wastewater samples taken at selected intervals based on an increment of either flow
or time.
15. CODE OFFEDERAL REGULATIONS (CFR): Regulations as issued by the United
States Government. References to sections of CFR shall be in accordance with the
latest revisions unless specifically stated otherwise.
16. CODE OF STATE REGULATIONS (CSR): Regulations as issued by the Missouri
State Government. References to sections of CSR shall be in accordance with the
latest revisions unless specifically stated otherwise.
17. DAILYMAXIMUM.• The maximum flow rate or maximum average concentration of a
particular pollutant which maybe discharged in a Day.
~ -r ~- n ¢ 1' i I l T Ii
18. DAY.• A period of normal operation not to exceed twenty-four (24) hours.
19. DEPARTMENT.• The Public Works Department of the City.
20. DIRECTOR: The Director of the Public Works Department of the City, or his
authorized deputy, agent or representative.
21. DISCHARGE: Material directly or indirectly released to the POTW; or the act of
releasing material directly or indirectly to the POTW.
22. EFFLUENT.• The "end of process" liquid wastes from an industrial process which
ultimately are Dischazged.
23. ENVIRONMENTAL PROTECTION AGENCY (EPA): The United States
Environmental Protection Agency.
24. GARBAGE: Solid food wastes from the preparation, cooking and disposing of food,
together with incidental admixtures, and from the handling, storage and sale of
produce.
25. GRAB SAMPLE: A sample which is taken on a one-time basis without regazd to the
flow rate of the sampled stream and without consideration of time.
26. HAZARDOUS WASTE: Any material, regardless of amount, which would be defined
as a hazazdous waste under 40 CFR Part 261 or 10 CSR 25 if it were not dischazged
to the POTW.
27. INDUSTRL4L USER: Any Person Discharging Commercial or Industrial Wastes.
28. INSTANTANEOUSMAXIMUMALLOWABLEDISCHARGELIMIT..• The maximum
concentration of a pollutant allowed to be Discharged at anytime, independent of the
Discharge rate and duration of the sampling event.
29. INTERFERENCE: Inhibition or disruption of the POTW, its treatment processes or
operations, or its sludge processes, use or disposal which results in violation
(including an increase in the magnitude or duration of a violation) of a POTW's
NPDES Permit or prevents wastewater sludge use or disposal in compliance with any
federal, state or local law, regulation or permit.
30 INTERIURISDICTIONALAGRFEMENT. Any agreement the city has with another
jurisdiction for the transport, treatment, or other services related to waste water.
31. MEDICAL WASTE: Isolation wastes, infectious agents, human blood byproducts,
pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated
bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis
waste or any other materials or items commonly used or associated with medical
care.
31. NORMAL SEWAGE: Wastewater which contains not over two hundred fifty (250)
milligrams per liter (mg/1) of Suspended Solids, not over two hundred fifty (250)
milligrams per liter (mg/1) of BOD, not over thirty (30) milligrams per liter (mg/1) of
r -r t t n i. 1' 1 I i 7 I~
Oil & Grease and which does not contain any of the materials or substances listed in
Section 121 of this Chapter in excess of allowable amounts specified in said section.
33. NPDES PERMIT.• National Pollutant Discharge Elimination System Permit issued by
the Missouri Department of Natural Resources or EPA.
34. OIL & GREASE: Any material recovered as a substance soluble in an organic
extracting solvent as specified by Standard Method 5520 of STANDARD
METHODS FOR THE EXAMINATION OF WATER AND WASTEWATER, 18th
Edition, 1992 or the latest revision thereto. Oil & Grease is composed primarily of
fatty matter from animal and vegetable sources and from hydrocarbons of petroleum
origin. The concentration of Oil & Grease of petroleum hydrocarbon origin can be
determined using Standard Method 5520F. The concentration of Oil & Grease of
animal and vegetable origin is hereby defined as the difference between the total and
the petroleum hydrocarbon Oil & Grease concentrations.
35. pH.• A measure of the acidity or alkalinity of a substance, expressed in standard
units.
36. PASS THROUGH.• A violation of any requirement of the City's or of a POTW's
NPDES Permit, including an increase in the magnitude or duration of a violation,
caused by a Discharge or combination of Discharges.
37. PERSON.• Any individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity or any other legal
entity, or their legal representatives, agents or assigns.
38. POLLUTANT.• Anything discharged into the POTW which causes any alteration of
chemical, physical, biological, or radiological integrity of water including, but not
limited to dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
Garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand,
cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or
odor).
39. PRETREATMENT.• The reduction of the amount of Pollutants, the elimination of
Pollutants, or the alteration of the nature of Pollutant properties in Wastewater prior
to or in lieu of introducing such Pollutants into the POTW. This reduction or
alteration can be obtained by physical, chemical or biological processes, by process
changes, or by other means, but not by diluting the concentration of the Pollutants
unless allowed by an applicable Pretreatment Standard or Requirement.
40. PRETREATMENT REQUIREMENT.• Any substantive or procedural requirement
related to Pretreatment imposed on an Industrial User, other than a Pretreatment
Standard.
41. PRETREATMENT STANDARD: Any regulation which applies to Industrial Users
and contains Pollutant Discharge limits promulgated by EPA in accordance with the
Act. This term includes prohibitive Discharge limits pursuant to 40 CFR 403.5.
42. PROPERLY SHREDDED GARBAGE: Garbage that has been shredded to such
degree that all particles will be carried freely under the flow conditions normally
C 'i' ~ "' ' 1 t n P' i' 1 I '1 S if
prevailing in the City Sewers, with no particle greater than one-half inch in any
dimension.
43. PUBLICLY OWNED TREATMENT WORKS (POTW): A "treatment works" as
defined by Section 212 of the Act (33 USC 1292), which is owned by the City or by
the City of Kansas City, Missouri. This definition includes the sewer system and any
other devices or systems used in the collection, storage, treatment, testing,
monitoring, recycling and reclamation of Wastewater or Industrial Wastes and any
conveyances which convey Wastewater to a Treatment Plant.
44. RECEIVING STREAM.• Any natural watercourse into which treated or untreated
Wastewater is discharged.
45. SANITARY WASTEWATER: Those wastes which aze comparable to wastes which
originate in residential units and contain only human excrement and wastes from
kitchen, laundry, bathing and other household facilities.
46. SANITARYSEWER: A Sewer which carries Wastewater and to which storm, surface
and ground waters aze not normally admitted.
47. SEWER: A pipe or a conduit for carrying Wastewater.
48. SIGNIFICANT INDUSTRIAL USER: Any Industrial User which:
a. Is subject to Categorical Pretreatment Standazds; or
b. Purchases, uses, or Dischazges an average of 25,000 gallons per day or more
of water; or
c. Dischazges a process wastestream which makes up 5 percent or more of the
average dry weather hydraulic or organic capacity of the Wastewater
Treatment Plant serving the said Industrial User; or
d. Accepts waste from another location outside the facility's boundaries for
treatment, storage or disposal; or
e. Is designated as significant by the Director on the basis that the Industrial
User has a reasonable potential for adversely affecting the POTW s
operations, for violating this Chapter or for violating Pretreatment Standazds
or requirements.
49. SL UG DISCHARGE: Any Discharge of a nonroutine, episodic nature, including, but
not limited to, an accidental spill or anon-customary Discharge.
50. STANDARD LABORATORY METHODS: Sampling and analytical techniques
promulgated by EPA in 40 CFR Part 136.
51. STATE: The State of Missouri, including its agencies, and specifically the
Department of Natural Resources.
52. STORM SEWER, STORMDRAW.• A Sewer which normally carries only storm and
surface waters and drainage.
r -r 1 t n P' .' t I i 7 i~
53. STORM WATER: Any flow resulting from any form of natural precipitation
including snowmelt.
54. SUSPENDED SOLIDS(NON-FILTERABLE RESID UE): The total suspended matter
that floats on the surface of, or is suspended in, water, Wastewater, or other liquids,
and which is removable by laboratory filtering.
55. TOXICPOLLUTANTS: Those substances listed in regulations promulgated by EPA
under the provisions of Section 307 (33 U.S.C. § 1317) of the Act.
56. USER: Any person who Discharges, causes or permits Discharge into the POTW.
57. WASTE TREATMENT FACILITY.• Any commercial facility accepting Industrial
Wastes from another location outside the facility's boundaries for treatment, storage
or disposal.
58. WASTEWATER OR SEWAGE: A combination of the water-carried wastes from
residences, business buildings, institutions and industrial establishments, together
with such ground, surface and storm waters as may be present, whether treated or
untreated.
59. WASTEWATER TREATMENT PLANT (WWTP) OR TREATMENT PLAN7:• The
portion of the POTW designed to provide treatment of Wastewater.
B. Rules of construction.
Unless the context specifically indicates otherwise, the construction of terms used in
this Chapter shall be as follows:
1. "Shall" is mandatory; "may" is permissive or discretionary.
2. The singular shall be construed to include the plural and the plural
shall include the singular as indicated by the context.
3. The masculine shall be construed to include the feminine.
SECTION 707.113: ABBREVIATIONS
For the purposes of this Chapter the following abbreviations shall have the designated meanings:
BOD -Biochemical Oxygen Demand
ccf -Hundred cubic feet
CFR -Code of Federal Regulations
COD -Chemical Oxygen Demand
CSR -Missouri Code of State Regulations
EPA -United States Environmental Protection Agency
GPD -Gallons Per Day
1 -Liter
mg -Milligrams
mg/1 -Milligrams per Liter
NPDES -National Pollutant Discharge Elimination System
O&M -Operation and Maintenance
r -r ~ t t n p .' t I "7 7 ii
PCBs -Polychlorinated Biphenyls
POTW -Publicly Owned Treatment Works
RCRA -Federal Resource Conservation & Recovery Act
TTOs -Total Toxic Organics
TSS -Total Suspended Solids
USC -United States Code
ug -Micrograms
ug/1 -Micrograms per Liter
WWTP -Wastewater Treatment Plant
SECTION 707.114: ADMINISTRATION
Except as otherwise provided herein, the Director is authorized to administer, implement and enforce
the provisions of this Chapter. The Director may delegate to the Director's authorized representatives
or agents any powers granted to or duties imposed upon him, unless specifically provided otherwise
herein.
SECTION 707.115: ANALYTICAL REQUIREMENTS
All Pollutant analyses, including sampling techniques, submitted as part of a Wastewater Dischazge
permit application or report shall be performed in accordance with the techniques prescribed in 40
CFR Part 136, unless otherwise specified in an applicable Categorical Pretreatment Standazd. If 40
CFR Part 136 does not contain sampling or analytical techniques for the Pollutant in question, or
where the sampling and analytical techniques in 40 CFR Part 136 are inappropriate for the Pollutant
in question, sampling and analyses must be performed in accordance with procedures approved by
EPA.
SECTION 707.116: SAMPLE COLLECTION
A. Except as indicated in subsection B of this section, Industrial Users shall collect
Wastewater samples using flow proportional composite collection techniques unless the
Director determines that such techniques are infeasible or inappropriate. In such cases, the
Director may authorize the use of other collection techniques which will provide a
representative sample of the Effluent or Discharge. In addition, Grab Samples may be
required to show compliance with instantaneous Dischazge limits.
B. Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and
volatile organic compounds shall be obtained using Grab Sample collection techniques.
C. All Wastewater samples shall be representative of the Industrial User's Effluent or
Dischazge. Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all times. The failure of an
Industrial User to keep its monitoring facility or facilities clean and in good working order
shall not be grounds for the Industrial User to claim that sample results aze unrepresentative
of its Discharge or Effluent.
SECTION 707.117: RECORD KEEPING
r •r ~~ t n p i i I t T if
A. Industrial Users shall make available for inspection and copying by the Director all rewrds
and information required by the Director or by provisions of this Chapter.
B. Industrial Users shall maintain records of all information resulting from any sampling or
monitoring required pursuant to this Chapter, including time, date, place and method of
sampling and analysis, personnel involved and the results of such activities, material safety
data sheets, incoming Hazazdous Waste manifests, outgoing Hazazdous Waste manifests,
analytical reports, production records, purchase records, reports submitted to regulatory
agencies, and other related records, for a period of at least three (3) yeazs.
C. The period for maintaining records shall be automatically extended for the duration of any
litigation concerning compliance with this Chapter, or where an Industrial User has been
specifically notified of a longer retention period by the Director.
SECTION 707.118: RESPONSIBILITY
Where an owner of property leases premises to any other Person as a tenant under any rental or lease
agreement, and such tenant is an Industrial User, either the tenant or the owner or both may be held
responsible for compliance with the provisions of this Chapter.
SECTION 707.119: VANDALISM
No Person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface,
tamper with or prevent access to any structure, appurtenance or equipment, or other part of the
POTW. Any Person found in violation of this requirement shall be subject to the sanctions set out in
Sections 707.180 through 707.189 of this Chapter.
SECTION 707.120: GENERAL SEWER USE REQUIREMENTS
This Division sets forth wastes which are generally unacceptable for Dischazge to the POTW,
requirements for Dischazge of hauled wastes, requirements for accidental discharge/slug control
plans and requirements for Wastewater Discharge monitoring facilities.
SECTION 707.121: WASTES PROffiBITED IN SEWERS
No person shall cause, permit, or allow Dischazge to the POTW of the following materials,
substances, or wastes:
A. Any solid, liquid or gas which by reason of its nature and/or quantity creates a fire or explosive
hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint
less than or equal to 150°F using the test method specified in 40 CFR 261.21.
B. Any wastewater having a pH less than 6.0 or greater than 11.0.
C. Any Gazbage except Properly Shredded Gazbage.
D. Any solid or viscous materials in amounts or concentrations which cause obstruction of the flow
in the POTW, or solids greater than one-half inch in any dimension. Examples of such materials
~ .~. ... I~ ¶ P ., i I i T ii
include, but aze not limited to, ashes, wax, paraffin, cinders, sand, mud, straw, shavings, metal,
glass, rags, lint, feathers, tars, plastics, wood and sawdust, grass clippings, paunch manure, hair
and fleshings, entrails, lime slurries, beer and distillery slops, grain processing wastes, grinding
compounds, acetylene generation sludge, chemical residues, asphalt residues, acid residues,
residues from refining or processing fuel or lubricating oil, and food processing bulk solids.
E. Any Oil & Grease of animal or vegetable origin in excess of 150 mg/l.
F. Any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts
that will cause Interference or Pass Through.
G. Any corrosive, noxious or malodorous material or substance which, either singly or by reaction
with other wastes, is capable of causing damage to the POTW or creating a public nuisance or
hazazd, or preventing entry into the POTW's facilities for maintenance and repair.
H. Any concentrated dyes or other materials which are either highly colored or could become
highly colored by reacting with other Dischazges.
I. Any material or substance not specifically mentioned in this section which is in itself corrosive,
irritating to human beings or animals, toxic or noxious, or which by interaction with other
wastes could produce undesirable effects, including deleterious action on the POTW's facilities
or operations, hazazds to humans or animals, or adverse effect(s) upon the Receiving Stream.
J. Any sludges, screenings, or other residues from the Pretreatment of Industrial Wastes.
K. Any Medical Wastes, except as specifically authorized by the Director.
L. Any Wastewater having a temperature greater than 150 degrees Fahrenheit or which will inhibit
biological activity in the POTW or which will cause the temperature at the Treatment Plant
influent to exceed 104 degrees Fahrenheit.
M. Any septic tank sludge or any other trucked or hauled Pollutants, expect at facilities with an
approved pretreatment permit.
N. Any Wastewater containing any radioactive waste or isotopes except as specifically approved
by the Director in compliance with applicable State and Federal statutes and regulations.
O. Any storm water, surface water, ground water, artesian well water, roof runoff, subsurface
drainage, condensate, deionized water, noncontact cooling water, or unpolluted industrial
Wastewater unless authorized by the Director.
P. Any material or combination of materials which results in the presence of toxic gases, vapors or
fumes within the POTW in a quantity that may cause worker health and/or safety problems.
Q. Any Discharge containing detergents, surface active agents, or other substances which cause
excessive foaming in the POTW.
R. Any Discharge which alone or in combination with other Discharges causes Pass Through or
Interference. A Dischazge may not be considered to have caused Pass Through or Interference
if it was otherwise in compliance with this Chapter and any. Wastewater Discharge permit
issued hereunder.
f 'f "' ' i f n f' .' f 11 7 ii
S. Any Dischazge which contains any of the following substances in excess of the following daily
maximum and/or instantaneous maximum total concentrations. These restrictions apply at the
point where the Wastewater is Discharged to the POTW:
Arsenic* 1.80 mg/1
Benzene 0.50 mg/1
Cadmium* 1.00 mg/1
Chromium* 5.00 mg/1
Copper* 5.10 mg/1
Cyanide* 2.00 mg/1
Ethylbenzene 1.00 mg/1
Lead* 5.00 mg/1
Mercury* 0.05 mg/1
Nickel* 20.00 mg/1
Phenols 5.00 mg/1
Silver* 5.00 mg/1
Toluene 1.00 mg/1
Xylene 1.00 mg/1
Zinc* 10.10 mg/1
PCB's 0.01 mg/1
Total Toxic Organics (TTOs) as defined by 40 CFR 433.11(e) shall not exceed 5.0
mg/1 at any time.
* All other provisions of this Chapter notwithstanding, no Industrial User shall
Dischazge this Pollutant in an amount exceeding five percent (5%) of the average
daily loading (in pounds per day) of this Pollutant at the receiving WWTP without
the express written consent of the Director.
T. Any Discharge or Effluent which violates the limitations imposed by a Wastewater Discharge
permit issued under the provisions of this Chapter, or Categorical Standard, including
equivalent concentration limits based on a mass- or production-based categorical standard and
concentration limits derived in accordance with the Combined Wastestream Formula.
SECTION 707.122: ADDITIONAL LIMITATIONS
When necessary to protect or to prevent adverse effects on the POTW, its treatment processes,
Receiving Stream, sludge treatment or disposal processes, to provide. for worker health and safety, to
impose Categorical Standards, or to address similar concerns of other jurisdictions providing sewer
service to the City, the Director may:
A. Impose mass limitations in addition to or in place of concentration limitations provided for in
this Chapter or in any applicable Categorical Pretreatment Standazds;
B. Establish more stringent standards or requirements for Dischazge to the POTW in Wastewater
Discharge permits;
C. Establish limits on the Effluent from specific industrial processes or Pretreatment systems in
Wastewater Discharge permits;
D. Issue Wastewater Discharge permits to Industrial Users setting out special requirements for
Dischazge to the POTW. In no case shall a permit waive compliance with a Categorical
r 'r ~~ t n i ~ t I '1 T ii
Pretreatment Standard or allow any Dischazge which could cause Pass Through or Interference,
except that the Director may establish a reasonable time frame for compliance with this
Chapter;
E. Require treatment to reduce the BOD, Suspended Solids, and/or Oil & Grease concentrations in
a Dischazge to levels more closely approaching those of Normal Sewage; and/or
F. Establish additional temporary standazds for substances not specifically mentioned in Section
707.121. Such temporary standards shall be effective for a period not to exceed 120 days.
SECTION 707.123: DILUTION
No Industrial User shall ever increase the use of process water, or in any way attempt to dilute a
Discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a
Pretreatment Standazd unless expressly authorized by an applicable Pretreatment Standazd.
SECTION 707.124: COMPATIBILITY STUDIES
The Director may require any Industrial User to undertake a compatibility study for waste proposed
for Discharge to the POTW to determine whether the waste maybe accepted by the POTW.
SECTION 707.125:. HAULED WASTE
Hauled wastes, including septic tank sludge, contents of cesspools and privy vaults, and other non-
Hazardous Wastes shall not be introduced or accepted into the City's Sewers other than through a
facility with a wastewater discharge permit.
SECTION 707.126: ACCIDENTAL/SLUG DISCHARGE CONTROL PLANS
A. The Director may require reasonable safeguards to prevent Discharge or leakage of any material
stored in azeas served by, or draining into, the POTW which could create a fire or an explosion
hazazd in the POTW or in any other way have a deleterious effect upon the POTW s facilities or
`treatment processes, or constitute a hazard to human beings or animals or the Receiving Stream.
B. The Director may require any Industrial User to develop and implement anaccidental/Slug
Discharge control plan. This plan shall include at least the following:
Description of Dischazge practices, including nonroutine Batch Discharges;
2. Description and location of stored chemicals;
Procedures for immediately notifying the POTW of any accidental or Slug Discharge or
any Discharge which violates Section 707.121 of this Chapter and for providing a written
report of such Discharge within five days of its occurrence. Such report shall be submitted
in accordance with Section 707.157 of this Chapter;
r -r z t n r. i' i I .i T TI
4. Procedures for permanently posting a notice in a conspicuous place in a wmmon azea of
the Industrial User's premises advising employees whom to call in the event of a Dischazge
described in Part A of this Section. Employers shall ensure that all employees who may
cause or suffer such a Dischazge to occur are advised of the emergency notification
procedure; and
5. Procedures to prevent adverse impact from any accidental or Slug Dischazge. Such
procedures include, but are not limited to, inspection and maintenance of storage areas,
handling and transfer of materials, loading and unloading operations, control of plant site
runoff, worker training, measures for containing materials, and/or measures and equipment
for emergency responses.
SECTION 707.127: MONITORING FACILITIES
The Director may require the owner of any property occupied by an Industrial User to install and
maintain at his own expense suitable monitoring facilities to facilitate the City's and the Industrial
User's observation, sampling and measurement of the Dischazge of the Building Sewer-and/or
internal drainage systems and/or Effluent from specific processes.
Such facilities shall be easily accessible and safely located, and shall have ample room in or near
said facilities to allow accurate collection and preparation of samples for analysis. Such facilities
shall be constructed in accordance with plans approved by the Director, and shall be located so as to
permit the gauging of flow and the collection of samples truly representing the Effluent from
regulated processes or the Dischazge from the property.
The facilities, and the sampling and measuring equipment shall be maintained at all times in a safe
and proper condition at the expense of the Industrial User.
SECTION 707.128: RESERVED
SECTION 707.129: RESERVED
SECTION 707.130: PRETREATMENT OF WASTEWATER
Industrial Users are responsible for the content of their Dischazges and shall provide Pretreatment of
said Discharges as required by this Chapter.
SECTION 707.131: PRETREATMENT FACILITIES
r-r "' is t n c' ~' t I i S it
An Industrial User shall provide Wastewater Pretreatment as required to comply with this Chapter
and with all other Pretreatment Standazds and shall achieve compliance within the time limitation
specified by EPA, the State, or the Director, whichever is more stringent. Any facilities required to
pretreat Wastewater to achieve compliance with a Pretreatment Standard shall be provided, operated,
and maintained at the Industrial User's expense. Detailed plans showing the Pretreatment facilities
and operating procedures shall be submitted to the Director for review. The review of such plans and
operating procedures shall in no way relieve the Industrial User from responsibility for modifying
the facility as necessary to produce a Discharge which complies with applicable Pretreatment
Standards.
SECTION 707.132: ADDITIONAL PRETREATMENT MEASURES
A. Whenever deemed necessary, the Director may require an Industrial User to restrict its
Dischazge during peak flow periods, to Dischazge certain Wastewaters only into specific
Sewers, to relocate and/or consolidate points of Discharge, to sepazate Sanitary Wastewater
from industrial wastestreams, and to perform and maintain such other conditions as may be
necessary to protect the POTW and determine the Industrial User's compliance with the
requirements of this Chapter.
B. When deemed necessary to protect the POTW, worker health and safety or otherwise prevent
Interference or Pass Through, the Director may require an Industrial User to maintain, at its
facility and at its expense, a suitable storage and flow control facility to ensure equalization of
flow over atwenty-four (24) hour period. Such facility shall have a capacity for at least one
hundred fifty percent (150%) of the daily Dischazge volume and shall be equipped with alarms
and a Dischazge rate controller, the regulation of which shall be specified by the Director. A
Wastewater Dischazge permit maybe issued solely to require flow equalization.
C. Oil, Grease and grit interceptors shall be provided when, in the opinion of the Director, they aze
necessary for the proper handling of Wastewater containing excessive amounts of Oil & Grease,
or grit; except that such interceptors shall not be required for residential users. All interception
units shall be of a type and capacity approved by the Director and shall be so located as to be
easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and
repaired regulazly, as needed, by the Industrial User at its expense.
D. Any person who may Dischazge wastes which are unusual in composition, i.e., contain an
extremely large amount of Suspended Solids or BOD, high concentrations of dissolved solids
such as sodium chloride, calcium chloride, or sodium sulfate, or contain substances conducive
to creating tastes or odors in drinking water supplies or could otherwise cause such waters to be
unpalatable even after conventional water purification treatment, or wastes which are in any
other way unusual, shall notify the Director who may determine whether such wastes shall be
prohibited from or may be admitted to the POTW or shall be pretreated before being
Dischazged.
SECTION 707.133: RESERVED
SECTION 707.139: RESERVED
SECTION 707.140: WASTEWATER DISCHARGE PERMITS -GENERALLY
C .~. 1 t n L i' i f i T i~
A. The Director may issue, deny, modify or revoke a Wastewater Discharge permit as described
herein. Such actions maybe appealed as described herein.
B. Any new Industrial User which will be a Significant Industrial User shall apply for and shall
obtain a Wastewater Discharge permit prior to discharging to the POTW except as otherwise
described in subsection H of this section. Such application shall be submitted to the Director
120 days prior to any proposed Discharge.
C. Any Significant Industrial User which significantly alters or adds to its operation, processes, or
Wastewater volume or character shall apply for and shall obtain a new permit prior to making
the alteration. Such application shall be submitted to the Director 60 days prior to any alteration
in Discharge. This 60 day notice maybe waived by the Director for alterations which reduce
the total quantity of Wastewater or Pollutants Discharged.
D. Any existing Industrial User which becomes a Significant Industrial User due to any increase or
change in the Industrial User's contribution of Pollutants to the POTW or due to the enactment
or revision of this Chapter or promulgation or revision of a Categorical Standard shall submit a
Wastewater Discharge permit application within 120 days after the effective date of this Chapter
or within 120 days after the date it becomes a Significant Industrial User, whichever is later.
E. Any violation of Wastewater Discharge permit requirements or conditions shall be a violation
of this Chapter. Compliance with a Wastewater Discharge permit does not relieve the permittee
of responsibility for compliance with this Chapter, with all applicable Federal and State
Pretreatment Standards and requirements, or with any other requirements of Federal, State or
local statutes or regulations.
F. No Significant Industrial User shall:
1. Discharge anything into the POTW without having first obtained a valid Wastewater
Discharge permit; or
2. Discharge anything into the POTW when its Wastewater Discharge permit has been
suspended, revoked, or has expired; or
3. Discharge anything into the POTW in excess of or in contravention of the provisions of its
Wastewater Discharge permit.
G. Any existing facility which has complied with subsection C of this Section shall be exempt
from the requirements of subsection F of this Section pending the Director's decision on the
issuance of a permit.
H. Upon finding that an Industrial User, who is not subject to Categorical Pretreatment Standards
but otherwise meets the criteria for being a Significant Industrial User has no reasonable
potential for adversely affecting the POTW's operation or for violating any Pretreatment
Standard, the Director may at any time determine that such Industrial User is not a Significant
Industrial User.
I. The Director may require other Industrial Users to obtain Wastewater Discharge permits as
necessary to carry out the purposes of this Chapter.
SECTION 707.141: WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS
.._. ... ,~ n t ~ t I.t T if
A. In order to be considered for a wastewater discharge permit, the Director may require an
Industrial User to submit, in units and terms appropriate for evaluation, an application
containing:
1. Name, address and Discharge location (if different from the address).
2. A description of activities, facilities, and plant processes on the premises, including a list of
all raw materials and chemicals used or stored at the facility which are, or could
accidentally or intentionally be, Discharged to the POTW;
3. The number of employees and hours of operation;
4. A list of each product produced by type, amount, process or processes, and rate of
production;
5. The type and amount of raw materials processed (average and maximum per day);
6. The site plans, floor plans, mechanical and plumbing plans, and details to show all Sewers,
floor drains, and appurtenances by size, location, and elevation, and all points of Discharge;
7. The time, duration, and flow rate of the Discharge;
8. The nature and concentration of any Pollutants in the Dischazge which aze limited by
Pretreatment Standards or Pretreatment Requirements, and a statement regarding whether
or not the Pretreatment Standards or Pretreatment Requirements aze being met on a
consistent basis, and if not, whether additional operation and maintenance and/or additional
Pretreatment is required for the Significant Industrial User to meet said Pretreatment
Standazds or Pretreatment Requirements;
9. Any environmental control permits held by or for the facility; and
10. Such additional information as deemed necessary or appropriate by the Director to evaluate,
clarify, modify or supplement the originally submitted Wastewater Dischazge permit
application.
B. All Industrial Users subject to Categorical Pretreatment Standards must submit a Baseline
Monitoring Report as described in Section 707.152 of this Chapter.
C. Any Industrial User desiring, or required by the Director, to use the Combined Wastestream
Formula as described in 40 CFR 403.6(e) to establish applicable Discharge requirements shall
submit the necessary information and calculations to support the use of the formula.
D. Failure by an Industrial User to provide any information required by or in accordance with this
Section may result in denial or revocation of a permit.
SECTION 707.142: APPLICATION SIGNATORIES AND CERTIFICATION
A. All Wastewater Discharge permit applications must contain the certification statement as
described in Section 707.160 and be signed by the Authorized Representative of the Industrial
User.
•r ~ ~ n G- ~' i I 'i S 1~
B. All Wastewater Discharge permit applications must contain the appropriately signed and
certified "Designation of Authorized Representative" form.
SECTION 707.143: WASTEWATER DISCHARGE PERMIT CONTENTS
A. W astewater Dischazge permits may include such conditions as are reasonably deemed necessary
by the Director to prevent Pass Through or Interference, protect the water quality of the
Receiving Stream, protect worker health and safety, facilitate sludge management and disposal,
protect ambient air quality of the POTW, or protect against damage to the POTW.
B. Wastewater Discharge permits may contain, but need not be limited to, the following conditions
and may contain a schedule for compliance with said conditions:
A statement of the Wastewater Discharge permit duration, which in no event shall exceed 5
years;
2. A statement that the Wastewater Dischazge permit is not transferable;
Discharge and/or Effluent limits applicable to the pernuttee and the permittee's processes,
based on applicable standards in Federal, State, or local laws and regulations and
interjurisdictional agreements;
4. Self-monitoring, sampling, reporting, notification, and record keeping requirements. These
requirements shall include parameters to be monitored, sampling location, sampling
frequency, and sample type based on Federal, State, or local statutes or regulations and/or
interjurisdictional agreements. These requirements may also include provisions for
increased self-monitoring activities in the event of violations;
A statement of applicable civil, criminal, and administrative penalties for violation of
Discharge or Effluent standards and requirements, and any applicable compliance schedule;
6. Limits on the average and/or maximum rate of Discharge, time of Discharge, and/or
requirements for flow regulation and equalization;
Limits on the instantaneous, daily and monthly average and/or maximum concentration,
mass, or other measure of identified Wastewater Pollutants or properties;
Requirements for the installation of Pretreatment technology or construction of appropriate
containment devices designed to reduce, eliminate, or prevent the introduction of Pollutants
into the POTW;
9. Requirements for development and implementation of spill control plans or other special
conditions including management practices necessary to adequately prevent accidental,
unanticipated, or non-routine Dischazges;
10. Requirements for development and implementation of waste minimization plans to reduce
the amount of Pollutants Discharged to the POTW;
11. The unit charge or schedule of Industrial User charges and fees for the management of the
Wastewater Discharged to the POTW;
r -r ~ ~ t n r~ . T I 'T j 1~
12. Requirements for installation and maintenance of inspection, monitoring and sampling
facilities and equipment;
13. Requirements for periodic submittal of all incoming and outgoing Hazardous Waste
manifests;
14. Other conditions as deemed appropriate by the Director to ensure compliance with this
Chapter, and State and Federal laws, rules, and regulations.
SECTION 707.144: AUTHORITY TO ENFORCE PERMIT VIOLATIONS
Wastewater Discharge permit conditions are specifically and independently enforceable regardless of
whether they are expressly required by or set out in this Chapter. Enforcement shall be in
accordance with the provisions, penalties, and other requirements of this Chapter and all other
applicable laws and regulations.
SECTION 707.145: WASTEWATER DISCHARGE PERMIT APPEALS
A. The permit applicant or permittee may petition the Director to reconsider a Wastewater
Discharge permit denial or revocation or the terms of a Wastewater Discharge permit or a
Wastewater Discharge permit modification within thirty (30) days of the denial, issuance,
revocation or modification of a permit.
B. If the applicant or pernuttee does not submit a timely petition for reconsiderationthe Director's
permit decision shall be final.
C. In its petition, the petitioner must indicate the reasons it believes the Director's decision was in
error and specify the Wastewater Discharge permit conditions to which it objects.
D. The effectiveness of the Wastewater Discharge permit decision shall not be stayed pending the
appeal.
E. If the Director fails to act within thirty (30) days, a request for reconsideration shall be deemed
to be denied.
SECTION 707.146: WASTEWATER DISCHARGE PERMIT MODIFICATION
A. The Director may modify a Wastewater Discharge permit for good cause including, but not
limited to, the following:
1. To incorporate any new or revised Federal, State, or local Pretreatment Standard or
monitoring requirement;
2. To address significant alterations or additions to the Industrial User's operation, processes,
or Wastewater volume or character since the time of Wastewater Discharge permit
issuance;
3. A change in the POTW that requires either a temporary or permanent reduction or
elimination of the authorized Discharge;
r -r 1 t n s~ i i ~ T T 11
4. Information indicating that the permitted Dischazge poses a threat to the POTW, City
personnel, or the receiving waters;
5. Violation of any terms or conditions of the Wastewater Dischazge permit or this Chapter;
6. Misrepresentations or failure to fully disclose all relevant facts in the Wastewater Dischazge
permit application or in any required reporting;
7. Revision of Categorical Pretreatment Standards;
8. To correct typographical or other errors in the Wastewater Dischazge permit.
B. The filing of a request by the permittee for a Wastewater Dischazge permit modification does
not stay any Wastewater Dischazge permit condition.
SECTION 707.147: WASTEWATER DISCHARGE PERMIT DENIAL/REVOCATION
A. A permit may be revoked for cause at any time upon giving the permittee at least thirty (30)
days written notice. However, incases where a permittee's Discharge is an imminent threat to
health and safety or caused Interference or Pass Through, the permit may be revoked without
notice.
B. Wastewater Discharge permits maybe denied or revoked for the following reasons:
1. Failure to notify the Director of significant changes to the Discharge prior to such changes;
2. Misrepresentation or failure to fully disclose all relevant facts in the Wastewater
Discharge permit application;
3. Falsifying self-monitoring reports;
4. Tampering with monitoring equipment;
5. Refusing to allow the Director timely access to the facility premises and records;
6. Failure to meet Effluent limitations;
7. Failure to pay fines;
8. Failure to pay sewer charges and/or permit fees;
9. Failure to meet compliance schedules;
10. Failure to complete a requested Wastewater survey;
11. Failure to submit required reports or information;
12. Violation of any Pretreatment Standard, this Chapter, or any terms of a Wastewater
Dischazge permit.
SECTION 707.148: RESERVED
r 'r ~ t n r- ~ t t ,t s rrr
SECTION 707.149: RESERVED
SECTION 707.150: REPORTING REQUIREMENTS
Industrial Users shall prepare and submit such reports as are required by this Chapter and 40 CFR
403.12. Such reports shall be filed in the office of the Director unless otherwise provided.
SECTION 707.151: WASTEWATER SURVEY
All new Industrial Users must submit information on the nature and characteristics of their
Wastewater by completing a Wastewater survey prior to commencing Discharge. Existing Industrial
Users shall submit a Wastewater survey when requested to do so by the Director. The Director is
authorized to prepare a form for this purpose and may periodically require Industrial Users to update
the survey. Failure to comply with this Section shall be reasonable grounds for terminating service
to the Industrial User and shall be considered a violation of this Chapter.
SECTION 707.152: BASELINE MONITORING REPORTS
A. When required by the Director, by Section 707.141 or by 40 CFR 403.12, Industrial Users
currently Discharging to or scheduled to Discharge to the POTW shall submit to the Director a
report which contains the following information:
1. Identifying information. The name and address of the facility, including the name of the
operator and owners and the name and title of the Authorized Representative.
2. Environmental control permits. A list of any environmental control or Wastewater
Discharge permits or authorizations held by or for the facility.
3. Description of Operations. A brief description of the nature, average rate of production,
and standard industrial classifications of the operation(s) carried out by the Industrial User.
This description shall include a schematic process diagram which indicates points of
Discharge to the POTW from regulated processes, and storage areas for raw materials and
Hazardous Waste.
4. Flow Measurement. Information showing the measured average daily and maximum dally
flow, in gallons per day, to the POTW from regulated processes and other sources as
necessary to allow use of the Combined Wastestream Formula.
5. Measurement of Pollutants.
a. The Categorical Pretreatment Standards applicable to each regulated process.
b. The results of sampling and analysis identifying the concentration of each regulated
Pollutant in the Effluent from each regulated process. Where required by the
Pretreatment Standard or the Director, the mass of each regulated Pollutant in the
Effluent from each regulated process and the production rate of each regulated
process shall also be reported. Samples shall be representative of daily operations
and shall be collected and analyzed in accordance with procedures set forth in 40
CFR Part 136 and shall be collected in such number and otherwise in accordance
r •r 1 t n 6' ~' I I "1 T 1~
with 40 CFR 403.12(b)(v). The Industrial User shall provide estimates of the
anticipated flow and quantity of Pollutants where actual data cannot be obtained.
c. The time, date and place of sampling shall be reported for each sample.
6. Certification. A statement by the Industrial User's Authorized Representative certifying
that the sampling results submitted are representative of normal work cycles and expected
Effluents and indicating whether Pretreatment Standards are being met on a consistent basis
and, if not, whether additional operation and maintenance (O&M) and/or additional
Pretreatment is required to meet the Pretreatment Standards and requirements. An
Industrial User which has not begun Discharge to the POTW shall include a description of
any Pretreatment process or processes it intends to use to meet applicable Pretreatment
Standards.
7. Compliance Schedule. If additional Pretreatment and/or O&M will be required to meet the
Pretreatment Standards, the Industrial User shall report the shortest schedule for providing
such additional Pretreatment and/or O&M. The completion date in this schedule shall not
be later than the compliance date established for the applicable Pretreatment Standard. A
compliance schedule pursuant to this section must meet the requirements set out in Section
707.153 of this Chapter.
8. Signatory Requirements. All baseline monitoring reports must be signed and certified in
accordance with Section 707.160.
SECTION 707.153: COMPLIANCE SCHEDULE AND RELATED REPORTS
Any compliance schedule required by Section 707.152 shall contain progress increments in the form
of dates for the commencement and completion of major events leading to the construction and
operation of additional Pretreatment required for the Industrial User to meet the applicable
Pretreatment Standards (such events may include hiring an engineer, completing preliminary and
final plans, executing contracts for major components, commencing and completing construction,
beginning and conducting routine operation). No such progress increment shall exceed nine (9)
months. The Industrial User shall submit a progress report to the Director no later than 14 days
following each date in the compliance schedule and the final date of compliance including, as a
minimum, whether or not it complied with the increment of progress, the reason for any delay, and,
if appropriate, the steps being taken by the Industrial User to return to the established schedule. In
no event shall more than nine (9) months elapse between such progress reports to Director.
SECTION 707.154: REPORT ON COMPLIANCE WITH CATEGORICAL
PRETREATMENT STANDARD DEADLINE (90-DAY REPORT)
~ ,r, - °. ~ 1 1 n r~ I ~ ~ I II 11
Within ninety (90) days following the date for final compliance with an applicable Categorical
Pretreatment Standard, or, in the case of a new facility or an existing facility which has altered or
added to its operation, processes, or Wastewater volume or character in a manner which causes it to
become subject to said Categorical Pretreatment Standard, within ninety (90) days of commencing
dischazge from such new facility or process, any Industrial User subject to such Pretreatment
Standard shall submit to the Director a report containing the information described in Sections
707.152(A)(4)-(7) and 707.153. For Industrial Users subject to equivalent mass or concentration
limits, this report shall contain a reasonable measure of the Industrial User's long term production
rate. For Industrial Users subject to Categorical Pretreatment Standards expressed in terms of
allowable Pollutant Discharge per unit of production (or other measure of operation), this report shall
include the Industrial User's actual production during the appropriate sampling period. This report
must be signed and certified in accordance with Section 707.160.
SECTION 707.155: PERIODIC COMPLIANCE REPORTS
A. Any Significant Industrial User shall, at a frequency determined by the Director but in no case
less than every six (6) months, submit a report indicating the concentration in its Effluent and/or
Discharge of all Pollutants which aze limited by such Pretreatment Standazds and/or
Pretreatment Requirements, and the measured or estimated average and maximum daily flows
for the reporting period. Where required by the Pretreatment Standazd or the Director, the
Significant Industrial User shall also report the mass of each regulated Pollutant in the
Discharge and/or in the Effluent from each regulated process and the production rate of each
regulated process. This report must be signed and certified in accordance with Section 707.160.
B. All Wastewater samples must be collected in accordance with Section 707.116.
C. If a Significant Industrial User monitors any Pollutant more frequently than required by the
Director, the results of this monitoring shall be included in the report.
SECTION 707.156: REPORT OF CHANGED CONDITIONS
A. Each Industrial User shall notify the Director of any planned significant changes to the
Industrial User's operations or systems which may alter the nature, quality or volume of its
Wastewater at least sixty (60) days before the change. The Industrial User shall submit such
information as may be deemed necessary by the Director to evaluate the changed condition,
including a Wastewater Dischazge permit application.
B. The Director shall respond to said notice within sixty (60) days. He may issue a Wastewater
Dischazge permit or modify an existing Wastewater Discharge permit in response to this notice.
No Industrial User shall implement. the planned changed conditions(s) until and unless the
Director has responded to the Industrial User's notice.
C. For purposes of this requirement, flow increases of more than ten percent (10%) or the
Discharge of any previously unreported Pollutant shall be deemed significant changes.
SECTION 707.157: REPORTS OF POTENTIAL PROBLEMS
~ .r ,. , i ~ n c~ ~ r ~, 7 tr
A. Any Industrial User which has an accidental Discharge, aDischarge of anon-routine, episodic
nature, anon-customary Batch Discharge, or a Slug Discharge which may cause potential
problems for the POTW (including a violation of the prohibited Discharge standards in Section
707.121 of this Chapter), shall immediately telephone and notify the Director of the incident.
This notification shall include the location of Discharge, source, material(s) involved,
concentration and volume, if known, and corrective actions taken by the Industrial User.
B. Within five (5) days following such Discharge, the Industrial User shall, unless waived by the
Director, submit a detailed written report describing the cause(s) of the Discharge and the
measures to be taken by the Industrial User to prevent similar future occurrences. Such
notification shall not relieve the Industrial User of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the POTW, natural resources, or any other
damage to person or property; nor shall such notification relieve the Industrial User of any fines,
civil penalties, or other liability which maybe imposed by this Chapter.
C. Each failure to notify the Director of a Discharge described in subsection A of this Section shall
be deemed a separate violation of this Chapter.
SECTION 707.158: HAZARDOUS WASTE DISCHARGE REPORTING
All Industrial Users shall report to the Director any Discharge into the POTW of a substance which,
if otherwise disposed of, would be defined as a Hazardous Waste under 40 CFR Part 261. Such
report must include the name of the Hazardous Waste as set forth in 40 CFR Part 261, the EPA
hazardous waste number, and the type of Discharge (continuous, batch or other). The report shall
also contain the following information to the extent such information is known and readily available
to the Industrial User: an identification of the hazardous constituents contained in the waste(s), an
estimation of the mass and concentration of such constituents in the wastestream Discharged during
each calendar month of that reporting period, and an estimation of the mass of such constituents in
the wastestream expected to be discharged during the following twelve calendar months.
Such Hazardous Waste Discharge report shall be made a part of every periodic compliance report for
Significant Industrial Users and shall be submitted every six (6) months for all other Industrial Users.
The reporting requirements in this section do not apply to individual Pollutants already reported
under the self-monitoring requirements of a Wastewater Discharge Permit issued pursuant to this
Chapter. In the case of any report required by this Section, the Industrial User shall certify that it has
a program in place to reduce the volume and toxicity of Hazardous Wastes generated to the degree it
has determined to be economically practical.
SECTION 707.159: REPORTING AND REPEAT SAMPLING REQUIREMENTS IN CASE
OF A VIOLATION
r .r .. ,~ t n S. ~ r t .t T tr
If sampling performed by an Industrial User indicates a violation of the Effluent and/or Discharge
limitations provided in this Chapter and/or in the Industrial User's Wastewater Discharge permit, the
Industrial User must notify the Director within twenty four (24) hours of becoming aware of the
violation. The Industrial User shall also repeat the sampling and analysis and submit the results of
the repeat sampling and analysis to the Director within thirty (30) days after becoming aware of the
violation.
SECTION 707.160: SIGNATORIES AND CERTIFICATION
All reports and applications submitted pursuant to the requirements of this Chapter must contain the
following certification statement and be signed by the Authorized Representative of the Industrial
User.
"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 ofmy
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."
SECTION 707.161: REPORTS FROM NONSIGNIFICANT INDUSTRIAL USERS
All Industrial Users which are not Significant Industrial Users shall provide appropriate reports to
the Director as required by the Director.
SECTION 707.162: PROMULGATION OF RULES AND REGULATIONS
The Director shall be authorized to promulgate rules and regulations as may be necessary for
effecting the purposes of and which are not inconsistent with the provisions of this Chapter.
SECTION 707.163: TIMING OF REPORTS
Written reports shall be deemed to have been submitted on the date endorsed by the United States
Post Office (LTSPO). For reports which do not contain a USPO endorsement on the envelope or
container, the date of receipt of the report shall govern.
SECTION 707.164: RESERVED
SECTION 707.169: RESERVED
SECTION 707.170: MONITORING, INSPECTION AND SAMPLING
A. The Director shall cause periodic inspections to be made of premises to secure compliance with
the requirements of this Chapter.
~ 'r t t n r' r t r z rr
B. The Director shall have the right to collect samples from any point in Industrial User's
processes, and of any chemicals or Hazardous Waste stored at the Industrial User's facility.
C. The Director shall have the right to set up on the Industrial User's property, or require
installation of, such devices as are necessary to conduct sampling and/or metering of the
Industrial User's Discharge.
D. The Director may require the Industrial User to install sampling and monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be maintained at all times in
a safe and proper operating condition by the Industrial User at its own expense. All devices
used to measure Wastewater flow and quality shall be calibrated periodically to ensure their
accuracy.
SECTION 707.171: RIGHT OF ENTRY; SEARCH WARRANTS
A. Whenever necessary to make an inspection, to collect samples, or to enforce any of the
provisions of this Chapter or whenever the Director or the Director's authorized representative
has reasonable cause to believe that there exists justification to undertake such activities, the
Director or the Director's representative may enter a facility at any reasonable time to inspect
the same or to perform any duty imposed upon the Director by this Chapter.
B. No Person shall refuse the Director or his representative access to the Industrial User's premises
or shall cause unreasonable delay in such access.
C. If no consent has been given to enter or inspect any facility, no entry or inspection shall be made
without the procurement of a warrant from a judge of a court of competent jurisdiction. The
Director or the Director's authorized representative, any police officer, deputy, or city attorney
of the City, may file a written complaint with a judge of a court of competent jurisdiction,
stating that he has probable cause to believe there exists a violation or violations of the
provisions of this Chapter or any Wastewater Discharge permit issued hereunder at a facility
particularly described in the complaint. If such complaint is verified by oath or affirmation
stating evidential facts from which such judge determines the existence ofprobable cause, such
judge shall issue a search warrant directed to the authorized person to search the facility
described in the complaint for the purposes requested. Such search warrant may be executed
and returned only within fifteen (15) days after the date of its issuance. The person authorized
to search shall make a return promptly after concluding the search, and such return shall contain
an itemization of all violations of this Chapter discovered pursuant to such search.
The Court may consider any of the following factors along with such other matters as it deems
pertinent in its decision as to whether a warrant shall be issued:
Eye witness account of violation.
2. Citizen complaint.
3. Tenant's complaint.
4. Plain view violations.
5. Violations apparent from City records.
f 'f i f n 6' ~ r i t T rr
6. Nature of alleged violation, the threat to life, safety and imminent risk of
harm to the POTW or the environment.
7. Passage of time since last inspection.
8. Previous violations at the facility.
SECTION 707.172: DETERMINATION OF NONCOMPLIANCE
The Director may use a Grab Sample(s) when appropriate to determine noncompliance with this
Chapter.
SECTIONS 707.173 TO 707.179: RESERVED
SECTION 707.180: VIOLATIONS AND PENALTIES
Any Person who violates any requirement of this Chapter shall be subject to penalties as described
herein.
SECTION 707.181: PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT
NONCOMPLIANCE
The Director shall publish annually, in the largest daily newspaper published in Riverside, Missouri
and/or Kansas City, Missouri, a list of the Industrial Users which, during the previous 12 months,
were in significant noncompliance with applicable Pretreatment Standazds and requirements. The
term significant noncompliance shall mean one or more of the following:
A. Chronic violations of Pretreatment Standazds, defined here as those in which sixty-six percent
(66%) or more of Wastewater measurements taken during a 6-month period exceed the daily
maximum limit or average limit for the same parameter by any amount;
B. Technical-Review Criteria (TRC) violations, defined here as those in which thirty-three percent
(33%) or more of Wastewater measurements taken for each Pollutant parameter during a 6-
month period equals or exceeds the product of the daily maximum limit or the average limit
multiplied by the applicable criteria. The criteria for fats, Oils and Grease is 1.4. For all other
parameters except pH, the criteria is 1.2;
C. Any other Dischazge violation that the Director believes has caused, or has the potential to
cause, alone or in combination with other Discharges, Interference or Pass Through, or to
endanger the health or welfaze of City personnel or the general public;
D. Any Dischazge of Pollutants that has caused imminent endangerment to the public or to the
environment, or has resulted in the City's exercise of emergency authority to halt or prevent
such a Discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone
contained in a Wastewater Dischazge permit or an enforcement order for starting construction,
completing construction, or attaining final compliance;
F. Failure to provide within thirty (30) days after the due date, any required reports, including
baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and
reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance.
SECTION 707.182: INJUNCTIVE RELIEF
If any Person or Industrial User violates the provisions of this Chapter or any order of the Director,
the City Attorney may commence an action for legal or equitable relief in any court with appropriate
jurisdiction.
SECTION 707.183: CIVIL PENALTIES
Any Person who is found to have violated an order of the Director or who failed to comply with any
provisions of this Chapter, and the orders, rules, regulations and permits issued hereunder, shall be
subject to a penalty not exceeding five hundred dollars ($500.00) per offense in addition to paying
for the damages (including restoration) caused by said violation or failure to comply. Each calendar
day in which a violation continues shall be considered a separate offense subject to the penalty
provided herein. In addition to the penalties provided herein, the City may recover reasonable
attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at
law against the Person found to have violated this Chapter or the orders, rules, regulations and
permits issued hereunder.
SECTION 707.184: CRIMINAL PENALTIES
Any Person or Industrial User who violates any provision of this Chapter, any orders or Wastewater
Discharge permits issued hereunder, or any other Pretreatment requirement shall, upon conviction,
be guilty of a violation of this Chapter, and shall be subject to a fine of not less than fifty dollars
($50.00) but not more than five hundred dollars ($500.00) per day per violation or by imprisonment
for not more than six (6) months or both. For any continuing violation, each day of the violation
shall be considered a separate offense.
SECTION 707.185: LIABILITY FOR EXPENSES
Any Person violating any provision of this Chapter shall become liable to the City for any expenses
incurred by the City as a result of such violation.
SECTION 707.186: TERMINATION OF SERVICE
Any Industrial User found to be in violation of this Chapter, or of any Wastewater Discharge permit
or order issued hereunder, is subject to termination of water and/or sewer service.
Such Industrial User shall be given thirty (30) days' notice of the proposed termination of service and
offered an opportunity to show cause why the proposed action should not be taken, unless immediate
suspension of service pursuant to Section 707.188 is necessary.
~~ ~ 11 I n C' t I -t t tr
SECTION 707.187: SHOW CAUSE HEARING
The Director may order any person which causes or contributes to violation(s) of this Chapter,
Wastewater Discharge permits or orders issued hereunder, or any other Pretreatment Standard or
Pretreatment Requirement, to appear before the Director and show cause why a proposed
enforcement action should not be taken. Notice shall be served on the person specifying the time
and place for the hearing, the proposed enforcement action, the reasons for such action, and a request
that the person show cause why this proposed enforcement action should not be taken. The notice of
the hearing shall be served personally or by registered or certified mail (return receipt requested) at
least seven (7) days prior to the hearing. Such notice may be served on any Authorized
Representative of the Industrial User. A show cause hearing shall not be a prerequisite for taking
any other action and shall not otherwise limit the Director's authority to proceed under this Chapter
during the pendency of the show cause proceedings.
SECTION 707.188: EMERGENCY SUSPENSIONS
A. The Director may immediately suspend water and or sewer service to an Industrial User
whenever such suspension is necessary in order to stop an actual or threatened Discharge which
reasonably appears to present or cause an imminent or substantial endangerment to the health or
welfare of persons, which threatens to interfere with the operation of the POTW, or which
presents or may present an endangerment to the environment.
B. Any Industrial User notified of a suspension of water and/or sewer service shall immediately
stop or eliminate its Discharge. If an Industrial User fails to immediately comply with the
suspension order, the Director shall take such steps as are deemed necessary, including
immediate severance of the sewer connection and termination of water service, to prevent or
minimize damage to the POTW, the Receiving Stream, or endangerment to any individuals.
The Director shall allow the Industrial User to recommence its Discharge when the Industrial
User has demonstrated to the satisfaction of the Director that the period of endangerment has
passed, unless the termination proceedings set forth in Section 707.186 are initiated against the
Industrial User.
C. An Industrial User that is responsible, in whole or in part, for any Discharge presenting
imminent endangerment shall submit a detailed written statement describing the cause(s) of the
harmful Dischazge and the measures taken to prevent any future occurrence to the Director,
prior to the date of any show cause or termination hearing under Sections 707.186 and 707.187.
D. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency
suspension under this Section.
SECTION 707.189: REMEDIES NONEXCLUSIVE
The provisions in Sections 707.180 through 707.188 are not exclusive remedies. The Director may
take any, all, or any combination of these actions against a noncomplying Industrial User. Nothing
in this Chapter is intended to limit the enforcement discretion of the City.
SECTION 707.190: FEES AND COSTS
~.~ ~ 1 f `n 6' 1` t I"t z rr
.
Industrial Users shall pay the fees and costs as established by Sections 60-191 through 60-192 ofthe
Kansas City, Missouri Code of Ordinances, as amended or modified.
SECTION 707.193: PAYMENT OF SURCHARGE, PERMIT AND MONITORING FEES
A. Any surcharge or surcharges pursuant to Section 60-192 of the Kansas City Code of
Ordinances, as amended, shall be payable to the City of Riverside at the same time as the
water bill and the normal sewer service charge.
B. Any permit application fee pursuant to Section 60-191 of the Kansas City Code of
Ordinances, as amended, shall be shown on the water bill as a sepazate item which shall
show the amount of the permit application fee and shall be payable to the City of Riverside
at the same time as normal sewer service charge.
C. Any permit maintenance fee pursuant to Section 60-191 of the Kansas City Code of
Ordinances, as amended, shall be payable to the City of Riverside at the same time as the
normal sewer service chazge.
D. Any enforcement sampling and testing charges pursuant to Section 60-191 ofthe Kansas
City Code of Ordinances, as amended, shall be payable to the City of Riverside at the same
time as the normal sewer service charge.
E. All surcharge, permit application, permit maintenance, and/or sampling and testing revenue
collected in accordance with the provisions of this Chapter shall be deposited with the City
of Riverside in the same separate fund as is the revenue collected for the normal sewer
service chazge. All such revenue shall be used to pay the cost of constructing, operating,
maintaining, and enlarging the existing or future Wastewater works of the City, and to pay
the principal and interest of sewer revenue bonds.
SECTIONS 707.194 TO 707.209: RESERVED
SECTION 707.210: CONFIDENTIAL INFORMATION
Information and data about an Industrial User obtained from reports, surveys, Wastewater Dischazge
permit applications, Wastewater Dischazge permits, monitoring programs, and from inspection and
sampling activities, shall be available to the public unless the Industrial User specifically requests
otherwise, and is able to demonstrate to the satisfaction ofthe Director that the information is not
required to be disclosed under Missouri or Federal law. When the Industrial User has demonstrated
that such information should be held confidential, the portions of a report which might disclose the
confidential information shall not be made available for inspection by the public, but shall be made
available upon request to governmental agencies for uses related to the NPDES program or
Pretreatment program, and in enforcement proceedings involving the person furnishing the report.
The City shall be permitted to introduce any admissible evidence it deems necessary in any criminal
prosecution without regard to the request for confidentiality under this Section. Wastewater
constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 shall not be
recognized as confidential information and shall be available to the public.
SECTION 707.211: SCOPE OF PROVISIONS
~ .~ Y t n t' .' t i 't t rr
This Chapter shall take precedence over any other earlier ordinances or sections thereof which may
be in conflict with this Chapter.
Section 2. The provisions of the Municipal Code of the City of Riverside, Missouri
amended herein shall not be construed to revive any former ordinance, clause or provision of the
Municipal Code of the City of Riverside, Missouri.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase in this Ordinance, or the application thereof to any circumstances, is for any reason held
to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
Section 4. This Ordinance ovemdes any conflicting provision or regulation within
the Municipal Code of the City of Riverside, Missouri.
Section,,5. This ordinance shall take effect immediately.
Passed this:?~~uday of January, 2004.
MAYOR- _ -- -
TTES
f
CLERK
r .r ,. , t ~ n r• r r o °r t it