Section 102-015 Ord. 16734; Amending Chapter 22 RE: Sewer Use


Ordinance No.            16734              Council Bill No.            B 432-00           

AN ORDINANCE

amending Chapter 22 of the City Code relating to sewer use; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 22 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

    Material to be deleted in strikeout; material to be added underlined.

ARTICLE VI. SEWERS AND SEWAGE DISPOSAL*

DIVISION 1. GENERALLY
Sec. 22-210. Definitions.

    The following words and terms as used in this article shall be deemed to mean and be construed as follows, unless the context specifically indicates otherwise:

    Bi-Monthly - Once every other month.

    Bi-Weekly - Once every other week.

. . .

    Building sewer. The extension from the building drain to the public sewer or other place of disposal.

    Bypass - Means the intentional diversion of wastes from any portion of a treatment facility.

. . .



    Contributor. Any person responsible for the production of domestic, commercial or industrial waste which is directly or indirectly discharged into the city sanitary sewer system.

    Cooling Water -

(1)    Uncontaminated:  Water used for cooling purposes only which has no direct contact with any raw material, intermediate, or final product and which does not contain a level of contaminants detectably higher than that of the intake water.


(2)    Contaminated:  Water used for cooling purposes only which may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater.

    Daily Maximum - The maximum allowable discharge of pollutant during a calendar day. Where daily maximum limitations are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day.  Where daily maximum limitations are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

. . .

    Industrial wastewater. The water-carried wastes or liquid wastes from industrial or commercial processes as distinguished from domestic wastewater.

    Instantaneous Maximum Concentration - The maximum concentration allowed in any single grab sample.

. . .

    mg/l. Milligrams per liter.

    Monthly Average - The arithmetic mean of the values for effluent samples collected during a calendar month or specified 30-day period (as opposed to a rolling 30-day window).

. . .

    Significant noncompliance (SNC). Industrial user violations which meet one of the following criteria:

. . .

    (5)   Any other violation or group of violations which the City of Columbia determines will adversely affect the operation or implementation of the local pretreatment program.

. . .

    TSS (total suspended solids). Solids that either float on the surface of, or are in suspension in water, wastewater or other liquids and which are removable by laboratory filtering, expressed in milligrams per liter (mg/l).

    Upset - Means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee, excluding such factors as operational error, improperly designed or inadequate treatment facilities, or improper operation and maintenance or lack thereof.

. . .

    Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.

    Weekly Average - The arithmetic mean of the values for effluent samples collected over a period of seven consecutive days.

. . .

Sec. 22-215. Unlawful discharges.

    Except as hereinafter provided, it shall be unlawful for any person to discharge or cause to be discharged into any sewer any of the following described substances, materials, water or wastes:

    (1)    Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius).

. . .

    (4)    Any water or wastes containing more than two hundred (200) mg/l of fat, oil or grease [emulsified oil or grease exceeding on analysis an average of one hundred (100) mg/l floatable and six hundred (600) mg/l dispersed of other soluble matter].
. . .

Sec. 22-215.05. Specific pollutant limitations.
. . .

(b)    Local limits: No user shall discharge or cause to be discharged wastewater to the POTW containing concentrations in excess of the limits listed for the substances below:


POLLUTANT  
DAILY  
MAXIMUM  
(mg/l)  
Total Arsenic (As)  
0.31  
Total Cadmium (Cd)  
0.52 0.19  
Total Chromium (Cr)  
3.73  
Total Copper (Cu)  
3.83 2.87
Total Lead (Pb)  
4.68 0.82  
Total Mercury (Hg)  
0.05  
Total Nickel (Ni)  
2.34  
Total Silver (Ag)  
0.14  
Total Zinc (Zn)  
7.33  
Total Cyanide (Cn)   (CN)  
2.53  0.85  
Phenols  
0.50  

. . .

Sec. 22-216.3. Discharge permits.

    The director is authorized to establish local pretreatment standards and conditions for all wastewater discharged into city sewer systems. In order to enforce local, state and federal pretreatment standards, the director is authorized to require discharge permits of any person prior to that person discharging wastewater into any city sewer.

. . .

    (5)  The permittee must submit an application for a new permit at least 90 days before the expiration date of the permit if the permittee wishes to continue an activity regulated by the permit after the expiration date of the permit.
                
    (6)  An expired permit will continue to be effective and enforceable until the permit is reissued if:


    (a)    The permittee has submitted a complete permit application at least ninety (90) days prior to the expiration date of the user's existing permit.


(b)    The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the permittee.

Sec. 22-217. Violations; penalties.

. . .

(d)    A list of contributors who were in significant noncompliance with the provisions of this article during the twelve (12) previous months shall be annually published by the director in a local newspaper. The notification shall also summarize any enforcement action taken against the contributors during the same twelve (12) months. For the purposes of this provision, significant noncompliance are violations which meet one of the following criteria:

. . .

    (5)  Any other violation or group of violations which the City of Columbia determines will adversely affect the operation or implementation of the local pretreatment program.

. . .

Sec. 22-219. Testing, reporting and recordkeeping.

. . .

    (c)    Records of sampling and analyses shall include, but are not limited to, the following:

(1)    The date, exact place, time, and methods of sampling or measurements, and sample preservation techniques or procedures;

(2)    Who performed the sampling or measurements;

(3)    The date(s) analyses were performed;

(4)    Who performed the analyses;

(5)    The analytical techniques or methods used; and

(6)    The results of such analyses.

. . .

Sec. 22-219.5.  Automatic resampling.

    If the results of the permit holders wastewater analysis indicates a violation has occurred, the permit holder must:

(a)    Inform the City of Columbia of the violation within 24 hours of becoming aware of the violation; and

(b)    Repeat the sampling and pollutant analysis and submit, in writing, the results of this second analysis within 30 days after becoming aware of the first violation.

Sec. 22-219.6 Representative sampling and flow measurements.

(a)      Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge.  All samples shall be taken at the monitoring point(s) specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other waste stream, body of water or substance.  All equipment used for sampling and analysis must be routinely calibrated, inspected and maintained to ensure their accuracy.  Monitoring points shall not be changed without notification to and the approval of the City of Columbia.

(b)    If flow measurement is required by this permit, the appropriate flow measurement devices and methods consistent with approved scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.  The devices shall be installed, calibrated, and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device.  Devices selected shall be capable of measuring flows with a maximum deviation of less than 10 percent from true discharge rates throughout the range of expected discharge volumes.

Sec. 22-220. Certification statement.

    (a)  All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and 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)    The certification statement shall be signed as required in (1), (2), or (3) below:

    (1)    By a responsible corporate officer, if the Industrial User submitting the reports is a corporation.  For the purpose of this paragraph, a responsible corporate officer means:


        (a)    A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation; or



        (b)    The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.


(2)    By a duly authorized representative of the individual designated in paragraph (1) of this section if:

(a)    The authorization is made in writing by the individual described in paragraph (1);

(b)    The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the Industrial Discharge originates, such as the position of plant manager, operator of a well, or a well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

(c)    The written authorization is submitted to the City.

(3)    If an authorization under paragraph (2) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for the environmental matters for the company, a new authorization satisfying the requirements of paragraph (2) of this section must be submitted to the City prior to or together with any reports to be signed by an authorized representative.

. . .

Sec. 22-222.1. Reporting accidental or slug discharges.

. . .
    (d)   A documented and verified operating upset, as defined in Sec. 22-210, shall be an affirmative defense to any enforcement action brought against the user for violations attributable to the upset event.

Sec 22-222.2. Bypass of treatment facilities.

    (a)    Bypass is prohibited unless it is unavoidable to prevent loss of life, personal injury or severe property damage or no feasible alternatives exist.

(b)    The permittee may allow bypass to occur which does not cause effluent limitations to be exceeded, but only if it is also for essential maintenance to assure efficient operation.

(c)    Notification of bypass:

(1)    Anticipated bypass.  If the permittee knows in advance of the need for a bypass, it shall submit prior written notice, at least ten days before the date of the bypass, to:
                Director of Public Works
                P. O. Box 6015
                Columbia, MO  65205-6015

(2)    Unanticipated bypass.  The permittee shall immediately notify the City of Columbia, as listed in Section 22-222.1(a), and submit a written notice to the Director of Public Works within 5 days.  This report shall specify:

(a)    A description of the bypass, and its cause, including its duration;

(b)    Whether the bypass has been corrected; and

(c)    The steps being taken or to be taken to reduce, eliminate and prevent a reoccurrence of the bypass.

. . .

    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 2nd day of January, 2001.