Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:
"BOD"(denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at 20oC, expressed in milligrams per liter.
"Building drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.
"Building sewer" shall mean the extension of the building drain to the public sewer or other place of disposal.
"Combined sewer" shall mean a sewer receiving both surface runoff and sewage.
"Control manhole" shall mean a structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a "control manhole" is to provide access for the City of Rolla representative to sample and/or measure discharges.
"Federal act"shallmean the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq) as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500) and (Pub. L. 93-243).
"Garbage"shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
"Industrial wastes"shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from normal domestic wastewater.
"Natural outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
"Normal domestic wastewater" shall mean wastewater that has a BOD concentration of not more than 250 mg/1 and a suspended solids concentration of not more than 250 mg/1.
"Person"shall mean any individual, firm, company, association, society, corporation, or group.
"pH"shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
"Pretreatment"shall mean the treatment of wastewaters from sources before introduction into the wastewater treatment works.
"Properly shredded garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in any dimension.
"Public sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
"Public works director" shall mean the public works director of the City of Rolla or his authorized deputy, agent, or representative.
"Sanitary sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
"Sewage"shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.
"Sewage treatment plant" shall mean any arrangement of devices and structures used for treating sewage.
"Sewage works" shall mean all facilities for collecting, pumping, treating and disposing of sewage.
"Sewer"shall mean a pipe or conduit for carrying sewage or storm water runoff.
"Sewerage"shall mean the system of sewers and appurtenances for the collection, transportation and pumping of sewage.
"Shall"is mandatory, "may"is permissible.
"Slug"shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.
"Standard methods" shall mean the examination and analytical procedures set forth in the most recent edition of "Standard Methods for the Examination of Water and Wastewater" published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
"Storm drain" (sometimes termed "storm sewer") - shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
"Stormwater runoff" shall mean that portion of the precipitation that is drained into the sewers.
"Suspended solids"shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
"Wastewater"shall mean the spent water of a community. It may be a combination of the liquid and water-carried wastes from residences, commercials buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.
"Wastewater facilities" shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and transport effluent to a watercourse.
"Wastewater treatment works" shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with "waste treatment plant" or "wastewater treatment plant" or "pollution control plant".
"Watercourse"shall mean a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 2136, §2; Ord. 2886, §3; Ord. 4697; §4)
CROSS REFERENCES:
Garbage, Tash and Refuse, Ch. 18; cross connections, §6-48; sewer laterals $6-49; plumbing, Ch. 6 - Art. V; Subdivisions, Ch. 42 - Art. II.
The city council of the City of Rolla does hereby establish the following procedures for prompt consideration of initial protests filed by contractors or subcontractors concerning the solicitations or contract awards for construction and maintenance of the City of Rolla projects including a public sewer and waste water system, as follows:
A protest is a written complaint concerning the City of Rolla solicitation or award of a sub-agreement or contract which must be filed in writing with the city clerk of the City of Rolla by a party with a direct financial interest adversely affected by the City of Rolla procurement action for the construction and maintenance of a public sewer and waste water system.
A party with a financial interest which believes it is adversely affected by a procurement action by the City of Rolla must file a written protest stating the basis for said protest with the city clerk of the City of Rolla as early in the procurement process as possible. A protest must be received by the clerk within seven (7) days after the basis for the protest is known or reasonably should have been known. Said city council, upon receipt of said protest shall hold a hearing as soon as reasonably possible or proper and legal notification to the party with the financial interest which is allegedly adversely affected by the action of the City of Rolla and that said protestor shall be accorded a complete hearing and shall have the right to adduce evidence, both verbal and documentary to the city council and upon conclusion of the hearing and the evidence adduced as submitted the city council shall announce and issue its written decision and order making disposition of the issues raised in said protest. A written copy of the decision of the city council shall be served upon the protestor within seven (7) days after the hearing.
Protestant shall have seven (7) days thereafter to file a protest appeal with the appropriate United States or state agency or official making any awards of financial assistance to the City of Rolla in the construction and maintenance of said public utility projects.
The protest appeal shall be governed by the rules and regulations of the Environmental Protection Agency as set forth in 40CFR, Part 31, Section 31.36(b)(12) which are incorporated by reference herein as the same pertains to the City of Rolla.
The provisions of this ordinance shall be incorporated in any solicitations, contract awards, or sub-agreements entered into by the City of Rolla.
The provisions of this ordinance are severable and if any provision or part hereof shall be held invalid or unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of this ordinance.
(Ord. 2814, §§1-7; Ord. 2886, §3)
For recouping cost of extending sewers into unsewered areas of the City of Rolla the City Council shall establish by ordinance access fee areas.
The Public Works Director with the approval of City Council shall establish the boundaries of the access fee area, determine the appropriate access fee and cause these sewers to be constructed.
(Ord. 3419, §1)
The Harris Subdivision Sewer Access Fee Area is hereby established. The boundaries of this area are described as follows: (Ord. 3424, §1)
The West 1500 feet of the South Half of the North half of the Northwest Quarter of Section 24, Township 37 North, Range 8 West of the 5th P.M. in Rolla, Phelps County, Missouri. Containing 27.7 acres, more or less.
The City Council of the City of Rolla, Missouri declares that it is necessary to construct sewers within the said sewer Access Fee Area for sanitary purposes, and that it will be to the best interest of the residents of said Access Fee Area and the City of Rolla to construct said sewers. (Ord. 3424, §2)
The City Council of the City of Rolla, Missouri, hereby authorizes the City Engineer to prepare plans and specifications for construction of the sewers within said Access Fee Area, including all necessary laterals, manholes, and other appurtenances and including an estimate of the cost thereof, and to file the same with the City Clerk who shall keep the same subject to the inspection of the public. (Ord. 3424, §3)
Anyone connecting to this sewer constructed by the City of Rolla in this Access Fee Area shall pay to the City of Rolla as an Access Fee $2700.00; and anyone connecting to a sewer built by others in this Access Fee Area shall pay to the City of Rolla as an Access Fee $400.00. (Ord. 3424, §4)
The Southside Access Fee Area is hereby established. The boundaries of this area are described in Ordinance Number 3159, Passed by the City Council of the City of Rolla, Missouri and approved by the Mayor on the 26th day of November, 1996. (Ord. 3462, §1)
The City Council of the City of Rolla, Missouri declares that it is necessary to construct sewers within the said sewer Access Fee Area for sanitary purposes, and that it will be to the best interest of the residents of said Access Fee Area and the City of Rolla to construct said sewers. (Ord. 3462, §2)
The City Council of the City of Rolla, Missouri, hereby authorizes the City Engineer to prepare plans and specifications for construction of the sewers within said Access Fee Area, including all necessary laterals, manholes, and other appurtenances and including an estimate of the cost thereof, and to file the same with the City Clerk who shall keep the same subject to the inspection of the public. (Ord. 3462, §3)
Anyone connecting to this sewer constructed by the City of Rolla in this Access Fee Area shall pay to the City of Rolla as an Access Fee $2700.00; and anyone connecting to a sewer built by others in this Access Fee Area shall pay to the City of Rolla as an Access Fee $400.00. These access fees shall be adjusted on an annual basis based on the Construction Cost Index published by American City & County or by other methods approved by the City Council of the City of Rolla. (Ord. 3462, §4)
These Access Fees shall not apply to the connections made in conjunction with the Neighborhood Improvement District as described in Ordinance Number 3310, Passed by the City Council of the City of Rolla, Missouri and approved by the Mayor on the 3rd day of May, 1999. Further, this Access Fee shall not apply to the connections made in conjunction with any 50-50 cost share agreements entered into before January 1, 2002. (Ord. 3462, §5)
The general manager of Rolla Municipal Utilities or such other officers or representatives of the city as may be designated from time to time shall cause all water meters to be read and bills for sanitary sewerage services to be rendered monthly as services accrue. All bills shall be due and payable from and after the date such bills are rendered, at the office of the municipal utilities, during the regular hours of business. The general manager, or other persons designated, may calculate the amount of each bill for sanitary sewerage services and may add the same to the amount of the bill of the customer for water and water services and render such customer a combined bill for such water and sewerage services. (Ord. 2136, §2; Ord. 2886, §3.)
The due date of bills for sanitary sewerage services shall be the same as the due date of the customer's bill for water service. If any bill for water and sanitary sewerage service is not paid by the due date, the water service will be disconnected. (Ord. 2136, §2; Ord. 2886, §3.)
The occupant and user of the premises receiving sanitary sewerage services or water and sewerage services combined and the owner of such premises shall be jointly and severally liable to pay for such service rendered on the premises. The city shall have power to sue the occupant or owner, or both of the real estate in a civil action to recover any sum due for services plus a reasonable attorney's fee to be fixed by the court. (Ord. 2136, §2; Ord. 2886, §3.)
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Rolla, or in any area under the jurisdiction of the City of Rolla, any human or animal excrement, garbage, or other objectionable waste. (Ord. 2136, §2; Ord. 2886, §3.)
It shall be unlawful to discharge to any natural outlet within the City of Rolla, or in any area under the jurisdiction of the City of Rolla, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. (Ord. 2136, §2; Ord. 2886, §3.)
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 2136, §2; Ord. 2886, §3.)
The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City of Rolla and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City of Rolla, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within ninety (90) days of the date of the official notice to do so, provided that said public sewer is within one hundred (100) feet of the property line. (Ord. 2136, §2; Ord. 2886, §3.)
Where a public sanitary or combined sewer is not available under the provisions of Article III, Section 35-56, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this Article. (Ord. 2136, §2; Ord. 2886, §3.)
Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the public works director. The application for such permit shall be made on a form furnished by the City of Rolla, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the public works director. A permit and inspection fee of twenty-five ($25) dollars shall be paid to the city at the time the application is filed. (Ord. 2136, §2; Ord. 2886, §3.)
A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the public works director. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the public works director when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within sixty (60) hours of the receipt of notice to the public works director. (Ord. 2136, § 2; Ord. 2886, §3.)
The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the State of Missouri. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one acre. No septic tank or cesspool shall be permitted to discharge to any natural outlet. (Ord. 2136, §2; Ord. 2886, §3.)
At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Article IV, Section 35-65, a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Ord. 2136, §2; Ord. 2886, §3.)
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City of Rolla. (Ord. 2136, §2; Ord. 2886, §3.)
No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Health Department. (Ord. 2136, §2; Ord. 2886, §3.)
When a public sewer becomes available, the building sewer shall be connected to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean back run gravel or dirt. (Ord. 2136, §2; Ord. 2886, §3.)
No unauthorized person shall uncover, make any connections with or opening into; use; alter; or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the public works director. (Ord. 2136, §2; Ord. 2886, §3.)
All disposal by any person into the sewer system is unlawful except those discharges in compliance with federal standards promulgated pursuant to the Federal Act and more stringent state and local standards. (Ord. 2136, §2; Ord. 2886, §3.)
There shall be two (2) classes of building sewer permits; (a) for residential and commercial service, and (b) for service establishments producing industrial wastes. In either case, the owner or his agent shall make application on a special form furnished by the City of Rolla. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the public works director. A permit, and inspection fee of fifty ($50) dollars for a residential or commercial building sewer permit and fifty ($50) dollars for an industrial building sewer permit shall be paid to the City of Rolla at the time the application is filed.
The industry, as a condition of permit authorization, must provide information describing its wastewater constituents, characteristics, and type of activity. (Ord. 2136, §2; Ord. 2886, §3.)
A building sewer permit will only be issued and a sewer connection shall only be allowed if it can be demonstrated that the downstream sewerage facilities, including sewers, pump stations and wastewater treatment facilities have sufficient reserve capacity to adequately and efficiently handle the additional anticipated waste load. (Ord. 2136, §2; Ord. 2886, §3.)
All costs and expenses incident to the installation, connection and maintenance of the building sewer (sewer lateral) shall be borne by the owner. The owner shall indemnify the City of Rolla from any loss or damage that may directly or indirectly be occasioned by the installation or replacement of the building sewer. The City of Rolla shall provide a rebate equivalent to twenty-five dollars per linear foot ($25/LF) for sewer lateral replacement in the City's street right-of-way. The rebate is intended to offset the additional cost of sewer lateral replacement in the street right-of-way. Beginning in January 2007 said rebate will be adjusted to reflect the Consumer Price Index for the preceding year. (Ord. 2136, §2; Ord. 2886, §3; Ord. 3721, §1)
A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. 2136, §2; Ord. 2886, §3.)
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the public works director, to meet all requirements of this Ordinance. (Ord. 2136, §2; Ord. 2886, §3.)
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Rolla. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T M. and W.P.C.F. Manual of Practice No. 9 shall apply. (Ord. 2136, §2; Ord. 2886, §3.)
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. 2136, §2; Ord. 2886, §3.)
No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (Ord. 2136, §2; Ord. 2886, §3.)
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City of Rolla, or the procedures set forth in appropriate specifications of the A.S.T.M.and the S.P.C.F. Manual of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the public works director before installation. (Ord. 2136, §2; Ord. 2886, §3.)
The applicant for the building sewer permit shall notify the public works director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the public works director or his representative. (Ord. 2136, §2; Ord. 2886, §3.)
All excavation for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City of Rolla. (Ord. 2136, §2; Ord. 2886, §3.)
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. (Ord. 2136, §2; Ord. 2886, §3.)
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the public works director. Industrial cooling water or unpolluted process waters may be discharged on approval of the public works director, to a storm sewer, combined sewer, or natural outlet. (Ord. 2136, §2; Ord. 2886, §3.)
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, which constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/1 as CN in the wastes as discharged to the public sewer.
Any waters or wastes having a pH lower than 6, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works. (Ord. 3070, §1)
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (Ord. 2136, §2; Ord. 2886, §3.)
Any waters or wastes having (1) a five (5) day biochemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight of suspended solids, or (3) having an average daily flow greater than two (2) percent of the average sewage flow of the city, shall be subject to the review of the public works director. Where necessary in the opinion of the public works director, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (1) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the public works director and no construction of such facilities shall be commenced until said approvals are obtained in writing."
No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the public works director that such wastes can harm either the sewers, sewage treatment process, or equipment, can have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the public works director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
Any liquid or vapor having a temperature higher than one hundred-fifty (150) oF (65oC).
Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred-fifty oF (0 and 65oC).
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower or greater shall be subject to review and approval of the public works director.
Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.
Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the public works director for such materials.
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the public works director as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the public works director in compliance with applicable state or federal regulations.
Any waters or wastes having a pH in excess of 9.5.
Any mercury or any of its compounds in excess of 0.0005 mg/1 as Hg at any time except as permitted by the public works director in compliance with applicable state and federal regulations.
Any cyanide in excess of 0.025 mg/1 at any time except as permitted by the public works director in compliance with applicable state and federal regulations.
Materials which exert or cause:
Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride or sodium sulfate);
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions);
Unusual BOD (chemical oxygen demand) or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possesses the characteristics enumerated in Section 35-96 of this Article, and which in the judgment of the public works director, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the public works director may:
Reject the wastes;
Require pretreatment to an acceptable condition for discharge to the public sewers;
Require control over the quantities and rates of discharge; and/or
Require payment to cover the added cost of handling and treating the wastes not covered by existing sewer charges under the provision of Article IX.
If the public works director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the public works director, and subject to the requirements of all applicable codes, ordinances, and laws. (Ord. 2136, §2; Ord. 2886, §3.)
Grease, oil, and sand interceptors shall be provided when, in the opinion of the public works director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the public works director, and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 2136, §2; Ord. 2886, §3.)
Every person in the city of Rolla required by this Ordinance to install a grease, oil and sand interceptor shall permit the Director of Public Works or any person he shall designate to inspect the interceptors. If in the opinion of the Director of Public Works or the person he shall designate, the interceptor is not functioning adequately as installed to clean liquid waste, the Director of Public Works or his designee shall issue a summons noting the date of inspection, the reasons for failure, and any required remedial action. After the expiration of ten days from the date of inspection and issuance of summons, in the event the interceptor has not been rendered capable of passing inspection, the owner shall be deemed to have created a nuisance as defined in Sections 28-1 and 28-6 of the Rolla City Code, and the Director shall be empowered to proceed as in that Chapter. (Ord. 2935, §1)
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.(Ord. 2136, §2; Ord. 2886, §3)
When required by the public works director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the public works director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 2136, §2; Ord. 2886, §3.)
The owner of any property serviced by a building sewer carrying industrial wastes shall provide laboratory measurements, tests, and analyses of waters and wastes to illustrate compliance with this Ordinance and any special conditions for discharge established by the City of Rolla or regulatory agencies having jurisdiction over the discharge.
The number, type, and frequency of laboratory analyses to be performed by the owner shall be as stipulated by the City of Rolla, but no less than once per year the industry must supply a complete analysis of the constituents of the wastewater discharge to assure that compliance with the federal, state, and local standards are being met. The owner shall report the results of measurements and laboratory analyses to the City of Rolla at such times and in such manner as prescribed by the City of Rolla. The owner shall bear the expense of all measurements, analyses, and reporting required by the City of Rolla. At such times as deemed necessary, the City of Rolla reserves the right to take measurements and samples of analyses by an outside laboratory service. (Ord. 2136, §2; Ord. 2886, §3.)
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.
The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pH's are determined from periodic grab samples. (Ord. 2136, §2; Ord. 2886, §3.)
No statement contained in this Article shall be construed as preventing any special agreement or arrangement between the City of Rolla and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City of Rolla for treatment, subject to payment therefore, by the industrial concern. (Ord. 2136, §2; Ord. 2886, §3.)
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. 2136, §2; Ord. 2886, §3.)
The public works director and other duly authorized employees of the City of Rolla bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance. The public works director or his representative shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (Ord. 2136, §2; Ord. 2886, §3.)
While performing the necessary work on private properties referred to in Section 35-115, the public works director or duly authorized employees of the City of Rolla shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City of Rolla employees and the City of Rolla shall indemnify the company against loss or damage to its property by City of Rolla employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 35-100. (Ord. 2136, § 2; Ord. 2886, §3.)
The public works director and other duly authorized employees of the City of Rolla bearing proper credentials and identification shall be permitted to enter all private properties through which the City of Rolla holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 2136, §2; Ord. 2886, §3.)
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City of Rolla to collect charges from all users who contribute wastewater to the City's treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt of such public wastewater treatment works. (Ord. 2886, §3)
Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:
"BOD" (denoting Biochemical Oxygen Demand) - shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Centigrade, express in milligrams per liter (mg/1).
"Normal Domestic Wastewater" shall mean wastewater that has a BOD concentration of not more than 250 mg/1 and a suspended solids concentration of not more than 250 mg/1.
"Operation and Maintenance" shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewer works to achieve the capacity and performance for which such works were designed and constructed.
"Replacement" shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement.
"Residential Contributor" shall mean any contributor to the City's treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.
"Shall" is mandatory; "May" is permissive.
"SS" (denoting Suspended Solids) shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.
"Treatment Works" shall mean any devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individuals systems, pumping, power, and other equipment and their appurtenances; extensions improvements, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of land that will be an integral part of the treatment process or is used for ultimate disposal for residues resulting from such treatment (including land for composing sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.
"Useful Life" shall mean the estimated period during which a treatment works will be operated.
"User Charge" shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.
"Water Meter" shall mean a water volume measuring and recording device furnished and installed by the City of Rolla. (Ord. 2886, §3; Ord. 3017, §2; Ord. 4697, §4)
The wastewater service charge for the use of and for service supplied by the wastewater facilities of the City of Rolla shall consist of a service availability fee for the operation and maintenance of the collection system and a basic wastewater treatment user charge for wastewater treatment operation, maintenance and replacement, sewer system reserve fund, and a surcharge rate for BOD and SS.
The service availability fee shall be based on the estimated cost for the collection system operation, maintenance and replacement costs.
The basic wastewater treatment user charge shall be based on water usage as recorded by water meters having the following normal concentrations:
(a) A five day, 20 degree centigrade (20oC) biochemical oxygen demand (BOD) of 250 mg/1.
(b) A suspended solids (SS) content of 300 mg/1.
It shall consist of treatment operation, maintenance and replacement costs plus sewer system reserve fund costs and shall be computed as follows:
(a) Estimate the projected annual revenue required to operate and maintain the wastewater facilities, including a replacement fund for the year and a sewer system reserve fund, for all works categories.
(b) Proportion the estimated costs to wastewater facility categories by Volume, Suspended Solids and BOD, if possible.
(c) Estimate wastewater Volume, pounds of SS and pounds of BOD to be treated.
(d) Proportion the estimated costs of non-industrial users by Volume, Suspended Solids and BOD.
(e) Compute costs per 1,000 gallons for normal sewage strength.
(f) Compute surcharge costs per pound and BOD and SS in excess of normal sewage strength.
A surcharge will be levied to all users whose wastewater exceeds the normal concentrations for BOD (250 mg/1) and SS (300 mg/1). The surcharge will be based on water usage as recorded by water meters and/or sewage meters for all wastes which exceed the 250 mg/1 and 300 mg/1 concentration for BOD and SS respectively. Section 35-129 specifies the procedure to compute a surcharge.
That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in Section 35-126, shall be deposited in a separate non-lapsing fund known as the Operation, Maintenance and Replacement Fund and will be kept in two primary accounts as follows:
(a) An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of both collection and treatment works (Operation and Maintenance Account).
(b) An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works (Replacement Account). Deposits in the replacement account shall be made annually from the operation, maintenance and replacement revenue in the amount of $272,189 annually.
The adequacy of the service availability fee and the wastewater service charge shall be reviewed annually by accountants for the City of Rolla and presented in their annual audit report. The service availability fee and the wastewater service charge shall be revised periodically to reflect a change in operation and maintenance costs, replacement costs, or the sewer system reserve fund.
The City will review the user charge system every year and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.
The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance including replacement of the treatment works.
The volume of flow used for computing basic user charges and surcharges shall be the metered water consumption read to the lowest even increment of 1000 gallons.
(a) If the person discharging wastes into the public sewer procures any part, or all, of his water from sources other than the City of Rolla Water System, all or a part of which is discharged into the public sewers, the person shall install and maintain, at his expense, water meters of a type approved by the Public Works Director for the purpose of determining the volume of water obtained from these other sources.
(b) Devices for measuring the volume of waste discharged may be required by the Public Works Director if these volumes cannot otherwise be determined from the metered water consumption records.
(c) Metering devices for determining the volume of waste shall be installed, owned and maintained by the person. Following approval and installation such meters may not be removed, unless service is cancelled, without the consent of the Public Works Director. (Ord. 2136, §2; Ord. 2886, §3; Ord. 3486, §2; Ord. 3881, §2; Ord. 4379, §2; Ord. 4515, §2; Ord. 4697, §4)
Each user shall pay for the services provided by the City based on his use of the treatment works as determined by water meters acceptable to the City.
User charges shall be based on water used during the current month. If a user has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater collection system, the user charge for that contributor may be based on a wastewater meters or separate water meters installed and maintained at the contributor's expense, and in a manner acceptable to the City.
On a monthly basis each contributor shall pay a user charge rate for operation and maintenance including replacement for each 1,000 gallons of water use.
This rate per 1,000 gallons shall be as follows:
As of first billing after October 3, 2022 $6.25/1,000 gallons
In addition, a service availability fee will be assessed for all users. This fee will be assessed based on the cost of operation and maintenance of the collection system. Each user will be assessed based on the water meter size. The following table presents these costs:
Water Meter Size Service Availability Fee
Up to 1" $12.00/month
1.5" $17.00/month
2.0" $25.00/month
3.0" $50.00/month
4.0" $75.00/month
6.0" $125.00/month
Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance, or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be determined by the responsible plant operating personnel and approved by the city council.
The user charge rates established in this Article apply to all users, regardless of their location, of the City's treatment works. (Ord. 2391, §1; Ord. 2556, §1; Ord. 2886, §3; Ord. 2950, §2; Ord. 3017, §2; Ord. 3082, §2; Ord. 3215, §2; Ord. 3267, §2; Ord. 3359, §2; Ord. 3418, §2; Ord. 3486, §2; Ord. 3530, §2; Ord. 3703, §2; Ord. 3770, §2; Ord. 3830, §2; Ord. 3881, §2; Ord. 3935, §1; Ord. 3966, §1; Ord. 4060, §1; Ord. 4117, §1; Ord. 4166, §1; Ord. 4234, §1, Ord. 4306, §1; Ord. 4379, §2; Ord. 4582, §2; Ord. 4641, §2; Ord. 4697, §2)
All residential non-metered users of wastewater facilities shall pay a flat rate annual charge to cover the charge per 1,000 gallons usage and the service availability fee equivalent to a one-inch water meter.
The flat rate annual charge for non-metered users shall be as follows:
As of first billing after October 3, 2022 $444.00 per year
The Public Works Director may require such flat rate user to install a metering device on the water supply to measure the amount of service supplied and to adjust the annual user fee accordingly. (Ord. 2391, §2; Ord. 2459, §2; Ord. 2556, §2; Ord. 2886, §3; Ord. 2950, §2; Ord. 3017, §2; Ord. 3082, §2; Ord. 3215, §2; Ord. 3267, §2; Ord. 3359, §2; Ord. 3418, §2; Ord. 3486, §2; Ord. 3530, §2; Ord. 3703, §2; Ord. 3770, §2; Ord. 3830, §2; Ord. 3881, §2; Ord. 3935, §1; Ord. 3966, §1; Ord. 4060, §1; Ord. 4117, §1; Ord. 4166, §1; Ord. 4234, §1, Ord. 4306, §1; Ord. 4234, §1; Ord. 4306, §1; Ord. 4379, §2; Ord. 4582, §2; Ord. 4641, §2; Ord. 4697, §2)
The rates for surcharges for BOD and SS shall be as follows:
Unit BOD charge of $0.926 per pound.
Unit SS charge of $0.741 per pound.
(Ord. 2136, § 2; Ord. 2886, §3; Ord. 2950, §2; Ord. 3017, §2; Ord. 3082, §2; Ord. 3215, §2; Ord. 3267, §2; Ord. 3359, §2; Ord. 3418, §2; Ord. 3486, §2; Ord. 3530, §2; Ord. 3703, §2; Ord. 3770, §2; Ord. 3830, §2; Ord. 3881, §2; Ord. 3935, §1; Ord. 3966, §1; Ord. 4060, §1; Ord. 4117, §1; Ord. 4166, §1; Ord. 4379, §2; Ord. 4515, §2; Ord. 4582, §2; Ord. 4641, §2; Ord. 4697, §2)
The concentration of wastes used for computing surcharges shall be established by waste sampling. Waste sampling shall be performed as often as may be deemed necessary by the Public Works Director and shall be binding as a basis for surcharges. The wastewater surcharge shall be computed by the formula:
Total monthly charge to extra strength user =
V ($6.25/1000 gal unit charge)
+ V ($0.926/1000 gal unit BOD charge) (BODes-BODnd)(.00834)
+ V ($0.741/1000 gal unit SS charge) (sees - SEND)(.00834)
Where:
V is the Volume of wastewater in 1000 gallons discharged by the extra strength user during the month.
Unit flow charge is in $/1000 gal from Section 35-126
Unit BOD charge is in $/lb BOD from paragraph 4 Unit SS charge is in $/lb SS from paragraph 4
BOD is the normal BOD strength in milligrams per liter (mg/1) as defined in Sec. 35-124 of the ordinance.
SS is the normal domestic SS strength in mg/1 as defined in Sec. 35-124 of the ordinance and .00834 is a unit conversion factor.
es is extra strength
nd is normal domestic
(Ord. 2136, § 2; Ord. 2886, §3; Ord, 4379, §2; Ord. 4515, §2; Ord. 4582, §2; Ord. 4641, §2; Ord. 4697, §2)
The total wastewater service charge (user charge) shall be computed by the formula found in Appendix "A". (Ord. 2391, §3; Ord. 2556, §3; Ord. 2886, §3)
No permit required by this Chapter shall be issued and no sewer connection made until the owner or owners of the land to be served by such connections, or someone for him or them, shall have paid to the City, the appropriate fee as provided as follows:
Sewer connection fees, when applicable, shall be paid to the City in accordance with the schedule of fees that are listed in Section 35-130 of this Ordinance. An additional tapping fee of fifty dollars shall be paid in advance to the City for connections made to the public sewer at locations other than those private sewer lines which have been stubbed out and capped. All sewer taps must be made by or under the direction of the public works director or his representative. (Ord. 2209, §2; Ord. 2886, §3.)
No person shall be permitted to connect any sewer line to any part of the sewer system of the city which lies outside the corporate limits of the city; provided, the public works director may, with the consent of the city council, issue a permit authorizing the connection of sewer lines outside the corporate limits of the city to the city sanitary sewer system, and under the following conditions:
(Ord. 4151)
Any person found to be violating any provisions of this Ordinance except Article VII shall be served by the City of Rolla with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 2136, §2; Ord. 2886, §3.)
Any person who shall continue any violation beyond the time limit provided for in Article X, Section 35-140, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one-hundred (100) dollars for each violation. Each twenty-four (24) hour period in which any such violation shall continue shall be deemed a separate offense. (Ord. 2136, §2; Ord. 2886, §3.)
Any person violating any of the provisions of this Ordinance shall become liable to the City of Rolla for any expense, loss or damage occasioned the City of Rolla by reason of such violation. (Ord. 2136, §2; Ord. 2886, §3.)
There is hereby established, within the city, an executive department to be known as the Board of Public Works. (Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
(a) The Board of Public Works shall consist of four persons, who shall be appointed by the mayor and confirmed by the city council as other appointive officers of the city are appointed and confirmed.
(b) Each member of the Board so appointed under this Article shall receive a salary for his services commensurate with the compensation provided members of the City Council as established by ordinance (Ord. 630, §1; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
(a) The members of the Board of Public Works shall hold office for a term of four years or until their successors are appointed and qualified.
(b) Vacancies in the Board of Public Works, occasioned by removals, resignations or otherwise, shall be reported to the mayor and be filled in like manner as original appointments, except that if the vacancy is an unexpired term, the appointment shall be made for only the unexpired portion of that term. Consistent with RSMo 77.340 the mayor may, with the consent of a majority of all the members elected to the council, remove from office any appointive officer of RMU at will; and any such appointive officer may be so removed by a two-thirds vote of all the members elected to the council, independently of the mayor§s approval or recommendation. (Ord. 2124, § 1; Ord. 2221, §1; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
The members of the Board of Public Works shall be electors of the city who have resided therein for a period of two years before their appointment. Not more than two members of the board shall belong to the same political party and its administration shall in all respects be entirely non-partisan. No member shall hold any other city office, either by appointment or election, during his official term as a member of the board and any member of the Board of Public Works who shall accept a nomination or appointment for any other city office during his official term, shall be deemed thereby to have resigned as a member of the board and his membership shall thereby be, ipso facto, vacated. (Ord. 630, §3; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
The Board of Public Works shall have full power and it shall be its duty, to take charge of and exercise full control over the waterworks, electric light and power system owned by the city or any other public utility which it may hereafter acquire or develop and all appurtenances thereto belonging and shall enforce the performance of all contracts and work and have charge and custody of all books, records, property and assets belonging or pertaining to such public utility, as provided by chapter 91 of the Revised Statutes of Missouri. It is the intention of this provision to confer full power and authority on the Board of Public Works to operate the utilities, except as may be otherwise provided by law, regulation, or ordinance. Nothing herein shall be construed to authorize a sale of said utilities without a vote of the electorate of Rolla; however, said Board may provide for the sale or other disposition of any useless, obsolete or surplus supplies, equipment, or real estate not needed in the current or future operation of such utilities. The disposal of real estate shall be in the same manner prescribed by ordinance for other City property. (Ord. 1037, §2; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
In the process of operating public utilities, the Board of Public Works is vested with full power and authority and authorized to manage, control, and operate such public utilities, and by way of description but not of limitation, to make such repairs, replacements, additions or extensions of service as it may deem proper for the public good, to enter into contracts with other public and private entities for the purchase of their product or the sale thereto subject to limitations prescribed in Sec. 35-164, to purchase operating supplies and equipment, the full power and authority to employ such labor as may be necessary in its behalf and prescribe and fix the compensation for said services necessary to operate said utilities and the power to negotiate and approve the acquisition of any interest in real property where the consideration to be paid by the City does not exceed the sum of $100,000 per acquisition or transaction. (Ord. 1037, §3; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1; Ord. 4206, §1)
The Board of Public Works shall jointly give an indemnity bond to the city for the faithful performance of their duties and the faithful accounting for all funds coming into their hands in such sum as required by the City Council, the expense of which shall be paid out of special utility account without expense to individual members of the board; however, should the board members be covered by a blanket bond or insurance coverage to the same extent, this bonding requirement shall not apply. (Ord. 1037, §10; Ord. 2635, §2; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
It shall be the duty of the board to require such employees as it may designate to obtain an indemnity bond in such amount as required by the Council. The cost of such bond shall be paid by the public utilities; however, should such employees be covered by a blanket bond or insurance coverage to the same extent, this requirement shall not apply. (Ord. 1037, §9; Ord. 2635, §3; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
It shall be the duty of the Board of Public Works to make up an account monthly of all revenues, obligations and expenses incurred by the Board, in operating the utilities, including gross monthly total payroll, setting forth in items, the amounts due, to whom and for what service or account. Such statement of accounts shall be examined, checked, and certified by the Board for payment, as true and correct;
The Board shall submit monthly Board meeting minutes to City;
No less than once per calendar quarter the Board shall make a public presentation to the Council a report that contains, at a minimum, key financial statements, status of pending projects, energy supply issues (i.e. MoPEP), energy market conditions and potential issues impacting RMU, City, and the citizens of Rolla. In addition, no less than annually the Board shall submit comparative utility rate information relative to a sampling of other MO cities and cooperatives.
As needed and in confidence the Board will keep Council informed of pending real estate purchases where the consideration to be paid by the City exceeds the sum of $100,000, per acquisition or transaction, and of pending litigation, including the potential need for eminent domain. Property transactions included in the endorsed budget do not require City Council notification, unless there is a serious potential for adverse impact on surrounding properties.
(Ord. 1037, §5; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1; Ord. 4206, §1)
(a) The Board of Public Works shall select, employ and fix the salary of a general manager. The Board shall employ all necessary employees, including engineers, inspectors, clerks, and others, to carry on and operate all public utilities under its control. The Board of Public Work§s appointed general manager shall fix the hours and duties of engineers, inspectors, clerks and other employees and shall fix their compensation not to exceed the prevailing wage paid for the employees§ respective classification in the general area of the City or by other cities, public entities, and public cooperatives of comparable size. The general manager shall have the day-to-day duty and responsibility to manage the utilities subject to the authority of the Board. No individual member of the Board shall request or recommend the employment, retention, promotion, reduction or discharge of any employee.
(b) It is not intended or expected that the Board of Public Works shall pay the maximum salaries fixed but it is intended that the board shall employ only the necessary number required and pay them just compensation for their services, consistent with a compensation strategy and plan. The general manager will disclose and discuss with the city administrator any significant changes in compensation strategies or benefit plans prior to implementation. (Ord. 1037, §1; Ord. 1481, §1; Ord. 2076, §1; Ord. 2731, §1; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
(a) The Board of Public Works shall be solely responsible for the preparation and adoption of the Rolla Municipal Utilities Annual Operating Budget. Said budget shall comply with all applicable state laws pertaining to adoption. Prior to the Board approving the annual budget, the Board of Public Works shall schedule a public hearing on the proposed budget. No less than thirty (30) days prior to the effective date of said budget the Board of Public Works will present a copy of said approved budget in its entirety to the City Clerk and Council for consideration. Upon consideration of the budget by council, the City Council may elect to endorse said budget in its entirety by resolution. If no action is taken to endorse said budget within thirty (30) days of receipt, the budget shall be deemed endorsed. Failure to endorse said budget by resolution will not delay implementation thereof.
(b) The Board of Public Works may amend said budget once endorsed. Prior to the Board approving the amended budget, the Board of Public Works shall schedule a public hearing on the amended budget. No less than thirty (30) days prior to the effective date of said amended budget, the Board of Public Works will present a copy of said amended budget in its entirety to the City Clerk and Council for consideration. Upon consideration of the amended budget by council, the City Council may endorse said amended budget in its entirety by resolution. If no action is taken to endorse said budget amendment, the budget shall be deemed endorsed. Failure to endorse said amendment by resolution will not delay implementation thereof.
(c) All financial records shall be audited in compliance with all GASB rules and in conjunction with the City§s annual audit. The Board shall submit the annual audit to Council. (Ord. 3699, §1; Ord. 3941, §1)
(a) The assessment and collection of rates for water, electric, electric power, electric light or for the production of service of any other plant or works which the city may own or operate, shall be under the control and supervision of the Board of Public Works subject to this Code and other ordinances of the City. Prior to the Board approving any rate adjustment, the Board of Public Works shall schedule a public hearing on the proposed rate change. At the first available monthly City Council meeting, in the month immediately preceding the implementation of a change in rates for any service not otherwise submitted in the annual budget per Sec. 35-165, the Board of Public Works shall present the rate adjustment to the City Council for consideration. Upon consideration of the proposed rate change, Council may elect to endorse said rate change by resolution. If no action is taken to endorse said rate change prior to the effective date, the proposed rate shall be deemed endorsed. Failure to endorse said rates by resolution will not delay implementation thereof. (Ord. 630, §11; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
(b) Assessment and collection of cost adjustment charges may be considered and shall be under the control and supervision of the Board of Public Works subject to this Code and other ordinances of the City. Prior to the Board approving any cost adjustment clause, the Board of Public Works shall schedule a public hearing on the proposed methodology to be used in calculating said adjustment rate. At the first available monthly City Council meeting, in the month immediately preceding the implementation of a cost adjustment clause for any service not otherwise submitted in the annual budget per Sec. 35-165, the Board of Public Works shall present said cost adjustment clause to the City Council for consideration. Upon consideration of the proposed cost adjustment clause, Council may elect to endorse said adjustment clause by resolution. If no action is taken to endorse said adjustment clause prior to the effective date, the proposed cost adjustment clause shall be deemed endorsed. Failure to endorse said cost adjustment clause by resolution will not delay implementation thereof. After the effective date of any approved cost adjustment clause, the Board of Public Works shall implement said adjustment clause as prescribed with no further review required. (Ord. 3941, §1)
In the process of operating the utilities, as provided in this Article, it shall be the duty of the Board of Public Works, through its servants and employees, to collect all sums due for services rendered and on all accounts in connection with the operation of the utilities and all sums so collected, shall be deposited by the Board to the credit of a special account, to be known as the public utility account. The Board shall periodically but no less than every five (5) years bid out the utilities§ banking depository. (Ord. 1037, §4; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
All bills and expenses in connection with the operation of the utilities shall be paid out of the public utility account, which shall be under the general control of the Board of Public Works. No sums shall be paid, except upon checks drawn by any member of the Board of Public Works. The Mayor or City Clerk shall be primary signatory in the absence of a Board member primary signature. All checks shall be countersigned by the Board of Public Works§ appointed general manager or in the absence of general manager, the RMU operations manager or business/finance manager. (Ord. 1037, §4; Ord. 2449, §1; Ord. 2731, §2; Ord. 2886, §3; Ord. 2897, §2; Ord. 3699, §1; Ord. 3941, §1)
a.) There shall be transferred monthly from the public utility account, to the general revenue fund of the City, an amount equal to 5% (five percent) of the gross receipts of basic water service and 5.5% (five and one-half percent) of the gross receipt of electric service, which shall become a part of the general funds of the City to be used for any and all general purposes including street and traffic lighting costs. The rate for electric service will be reduced to 5% (five percent) after 12 months (effective twelve (12) months after the effective date of this ordinance). The purpose of this monthly transfer is to take the place of the franchise tax and general property tax heretofore paid by the Missouri General Utilities to the City. §Basic water and electric service§ shall include those operating revenues generated from the residential, commercial, and industrial sale of water and electric service (including the service availability fee or other like receipts or operating revenues serving the same purpose). In turn, RMU shall bill the City for utility billing services, water hydrant consumption, and street lighting services on a monthly basis. Said services shall be agreed upon by the City and Board of Public Works and accounted for accordingly. (Ord. 1037, §6; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1; Ord. 4023, §1)
b.) This ordinance shall be in full force and effect from and after November 1, 2011. (Ord. 4023, §2)
Whatever remains in the public utility account and whatever may accrue, shall be at the disposition of the Board of Public Works for the operation of the public utilities, making improvements and betterments and extensions and to do all things that in their judgment is for the best interest of the utility and for the further purpose of paying all interest and principal on account of the indebtedness incurred by said utilities. It is the intent of this provision to accumulate a reserve fund consistent with good operation of said utilities. Establishment of said reserve fund shall be disclosed to the Council and public through submittal of monthly financial statements. The reserve fund shall be at the disposition of the Board of Public Works for the above purposes. (Ord. 1037, §7; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
Where no restriction is specially provided by this Code or other ordinance the board shall have full power to contract for and provide all necessary labor and material and supplies as it may deem necessary and submit its account for allowance and payment out of the special public utility account as provided in this Article. (Ord. 1037, §8; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
The doing of all work and furnishing of all supplies for the waterworks, electric power and light plant or any other plant or work which may be under its supervision or control, shall be let out by the Board of Public Works in the same manner as other public works are let out, except in cases where it is not practicable to do such work or furnish such material by contract. Except as herein provided all contracts and long-term financial obligations (those exceeding one year in duration) in excess of $100,000 shall be submitted to the Council for approval, under such restrictions and regulations as may be provided by ordinance.
Exceptions:
(a) Endorsement of the budget by the Council authorizes the expenditure by the Board of Public Works for all purchases, and supplies included in said budget;
(b) All long-term financial obligations once endorsed by Council shall be paid by the Board of Public Works (i.e. multi-year obligations or power supply contracts);
(c) Emergency procurement in excess of $100,000 shall not require approval of City Council. The Board of Public Works shall notify the Council of emergency procurements at the next available Council meeting.(Ord. 630, §10; Ord. 2886, §3; Ord. 3699, §1; Ord. 3941, §1)
Customers moving out of the service area with an uncollectible bill shall be responsible for all collection fees and/or attorney fees plus court costs and interest. (Ord. 3779, §1; Ord. 3941, §1)
Whenever in the judgment of the mayor the public exigency shall require it, he shall have the right and authority, by proclamation to be published in one or more newspapers printed within the city, to limit in respect to time, or wholly suspend and prohibit for such length of time as such exigency shall in his judgment require, the drawing or use of water for public or private fountains and for street or yard sprinkling, or for either such purposes. (Ord. 2136, §2; Ord. 2886, §3.)
Whenever any of the rules and regulations set out in this Article or such other rules and regulations as the city may adopt are violated, the water shall be shut off from the building or place of such violation, although two or more persons may receive the water through the same pipe the water shall not be again turned on except by the order of the superintendent of the water system. (Ord. 2136, §2; Ord. 2886, §3.)
No person shall be permitted to tap or make any connection with the distributing pipe of the water works of the city except upon written permit from the city. (Ord. 2136, §2; Ord. 2886, §3.)
All applications for permits to tap the water mains, to open the streets for the purpose of laying water pipes, or to extend the same upon any streets, lane, alley, sidewalk, or open public grounds, or open private premises, or to make connections with the water system for any purpose shall be made in writing at the office of the superintendent of the water system, on the form prescribed and furnished by the city for that purpose, and by the person engaged to do such plumbing. Such person shall be an authorized plumber and the application shall state the name of the person desiring to have the plumbing done, the location of the premises, what the premises are used for, the purpose for which it is desired to use the water, and such accessible information as may be required to enable the city to keep a proper record of each case. When more than one building or tenant is supplied through one service pipe, the application for the supply of such building or tenants with water shall be made by one person, who shall be held responsible for all supplies through such pipes. Upon compliance with these conditions, the superintendent of the water system shall issue a written permit granting the applicant the privilege of a service attachment and the use of water. (Ord. 2136, §2; Ord. 2886, §3.)
The rules, regulations and water rates named and fixed shall be considered and are a part of the contract with every person supplied with water through the water system of the city. Every person by taking water shall be considered and accepted as expressing his consent to be bound thereby. (Ord. 2136, §2; Ord. 2886, §3.)
(a) All attachments and appurtenances used in supplying water from the street mains to the front of the dwelling or structure must be supplied by the owner or occupant of the premises except that the water meter box and it's appurtenances shall be placed in a location acceptable to the City.
(b) The City, through its distribution agent, Rolla Municipal Utilities, shall be responsible for maintaining all water lines located on City property, or in the right-of-way, including the water main, main taps, pipe, laterals, fittings and valves between the main and the edge of the right-of-way. The owner or occupant of the premises shall be responsible for perpetual maintenance of customer service lines outside the right-of-way. (Ord. 2136, §2; Ord. 2886, §3; Ord. 3644, §1)
No person other than the superintendent or his authorized agent shall turn the water into any service pipe in the first instance, or after water has been turned off by the superintendent on account of the violations of this chapter. Water shall not be turned on until the applicant shall have paid the water rental due for the current quarter. Plumbers are strictly prohibited from turning water into any service pipe except upon authority of the superintendent or for the temporary purpose of testing their work. (Ord. 2136, §2; Ord. 2886, §3.)
All private work done in which the city water shall be used will be inspected as to strength and quality by the superintendent immediately before the water is turned on. (Ord. 2136, §2; Ord. 2886, §3.)
It is expressly stipulated by the city that no claim shall be made against it by reason of the breaking or freezing of any service pipe or fixtures, or if from any other cause the supply of water should fail; nor from damage arising from the shutting off of water to repair mains, making connections or extensions; nor any other purpose that may be deemed necessary. The right is reserved to cut off the supply of water at any time for the purpose of repairing or otherwise, any permit or regulation to the contrary notwithstanding. Except in case of emergency, notice shall be given. (Ord. 2136, §2; Ord. 2886, §3.)
The tariff of rates for the use of water through the water system of the city shall be established by the city and may be changed from time to time as required by conditions. (Ord. 2136, §2; Ord. 2886, §3.)
The city, acting by and through its legally constituted board of public works, is hereby authorized and directed to provide the means and to proceed with the introduction of fluoride additive meeting applicable standards into the public water supply of the city in such quantities as are required to provide throughout the pipe distribution system a fluoride concentration of approximately 0.7 parts fluoride per million parts of water.
The city acting by and through its legally constituted board of public works, shall keep an accurate record of the amount of fluoride bearing chemical applied to the quantities of water treated, and cause such analytical tests to be made for fluoride (in terms of the element F) in the untreated and treated water as it shall be directed to do by the Missouri Division of Health. (Ord. 2136, §2; Ord. 2886, §3, Ord. 4218, §1)
General Policy
(Ord. 4248, §1)
Definitions
The following definitions shall apply in the interpretation and enforcement of this ordinance.
"Consumer" means the owner or person in control of any premises supplied by or in any manner connected to a public water system;
"Lead base materials," means any material containing lead in excess of the quantities specified in Section II.A.3.
"Lead free" means:
In General.
When used with respect to solder and flux, refers to solders and flux containing not more than 0.2 percent (0.2%) lead; and
When used with respect to pipes and pipefittings, refers to pipes and pipefittings containing not more than 0.25 percent (0.25%) lead.
(Ord. 4248, §2)
Lead Banned from Drinking Water Plumbing
No water service connection shall be installed to any premises where lead base materials were used in new construction or modifications of the drinking water plumbing after January 4, 2014.
f a premise is found to be in violation of Section III. A., water service shall be discontinued until such time that the drinking water plumbing is lead free.
(Ord. 4248, §3)
It shall be unlawful for any person to drill, operate, or otherwise maintain a private well or water supply on public or private property within the City of Rolla or in any area under the jurisdiction of the City of Rolla, except as otherwise provided in this Article. (Ord. 3052, §1; Ord. 3511, §2)
Except as otherwise provided in this Article, the owners of any property located wholly or partially within the City of Rolla are required at each owner's expense to plug any existing private wells in accordance with 10 CSR 23-3.110 of the Missouri Code of State Regulations and to cease utilizing any private water supplies to the extent that such wells and/or water supplies are located within the City of Rolla or in any area under the jurisdiction of the City of Rolla or supply water to property located within the City of Rolla. Such owners are further required to connect the houses, buildings, or other facilities on the property (to the extent the structure requires a potable water supply) to the public water system. Connection shall be made within 120 days of the effective date of annexation of the affected property into the city. This requirement shall not apply to any property located within the City of Rolla prior to May 1, 1995 provided the property and existing structures are served by the private well (Grandfathered Property) or to any property annexed into the City of Rolla after May 1, 1995 with lots which are a minimum of three acres and zoned Rural Residential (RR). Once the primary structure served by the private well is destroyed or replaced, the "Grandfather Clause" no longer applies and the private well shall be properly plugged as stipulated herein. Any property owner electing to or required to connect to the public water supply per this section, shall comply with all requirements of this Article and become a "full requirements water customer", of the public water supply system. (Ord.3052, §1; Ord. 3511, §2; Ord. 4348, §1)
Where access is not available to the public water supply for a parcel or any portion thereof, such parcel or any portion thereof may be connected to a private well and private water supply until such time as access to the public water supply is available. Availability for these purposes shall be defined as a functioning main of the public water supply system being located within 100 feet of the nearest boundary of the parcel. During all times that access is not available, the owner of such parcel shall operate and maintain the private well and/or private water supply in a sanitary manner at the owner's expense, and shall comply with the provisions of Section 35-187. When access is available, the requirements set forth in Section 35-183 shall become applicable. (Ord. 3052, §1; Ord. 3511, §2)
Before commencement of drilling, installation, or construction of a private well or private water supply under the authority of Section 35-184, the owner of such parcel or any portion thereof shall first obtain a written Construction Permit signed by the General Manager of the Rolla Municipal Utilities. The application for such permit shall be made on a form furnished by the City of Rolla or the Rolla Municipal Utilities, and the applicant shall supplement such application with any plans, specifications, and other information as is deemed necessary by the General Manager of the Rolla Municipal Utilities. A permit and inspection fee of five dollars ($5.00) shall be required to be paid to the Rolla Municipal Utilities at the time the application is filed.
Prior to completion of the private well or water supply, the Rolla Municipal Utilities shall be allowed to inspect the work at any stage of the drilling, installation, or construction and, in any event, the holder of the Construction Permit shall notify the Rolla Municipal Utilities both before any underground portions are covered and when the work is ready for final inspection. The inspection shall be made within sixty (60) hours (exclusive of weekends and holidays) of the receipt of notice to the Rolla Municipal Utilities.
Construction permits shall be valid for a period not exceeding one (1) year from date of issuance. (Ord. 3052, §1; Ord. 3511, §2)
After the drilling, installation, or construction pursuant to the Construction Permit is completed to the satisfaction of the Rolla Municipal Utilities, the Rolla Municipal Utilities shall issue an Operation Permit, which shall be valid for a period of five (5) years, unless terminated upon 90 days written notice due to violation of the provisions of this Article. The Operation Permit may be renewed for an additional period of five (5) years if the facility passes inspection by the Rolla Municipal Utilities.
Rolla Municipal Utilities, at its discretion, shall perform yearly inspections of the installation to verify compliance with applicable ordinances.
When access to the public water supply becomes available, the requirements set forth in Section 35-183 shall become applicable upon the expiration of the Operation Permit. (Ord. 3052, §1; Ord. 3511, §2)
The type, capacities, location, and layout of any private well or water supply authorized by Section 35-184 shall comply with all applicable regulations, if any, of the State of Missouri or any federal agency. Failure to comply with such recommendations and regulations shall be grounds for the denial of a permit. The issuance of the permits by the Rolla Municipal Utilities shall not in any way relieve the permittee of the duties, obligations, or restrictions imposed by the State of Missouri or any federal agency. (Ord. 3052, §1; Ord. 3511, §2)
For purposes of this Article, public water supply shall mean any of the following:
(a) The water supply system operation and maintained by the City of Rolla through its municipal utilities; or
(b) The water supply system operated and maintained by a public water supply district; or
(c) A water supply system operated by a water corporation regulated by the Missouri Public Service Commission; or
(d) A water supply system operated by a not-for-profit corporation which is licensed by the State of Missouri to provide a public water supply. (Ord. 3052, §1; Ord. 3511, §2)
(a) Private wells may be utilized for closed loop heat pump systems, as defined and discussed in 10 CSR 23-5 in the Missouri Code of State Regulations. A construction permit and an operation permit as provided in Sections 35-185 and 35-186 of this Code are required. Such wells shall comply in all respects with the Heat Pump Construction Code set forth in 10 CSR 23-5. Failure to comply with same shall be grounds for denial of a permit. The issuance of a permit by Rolla Municipal utilities shall not in any way relieve the permittee of the duties, obligations, or restrictions imposed by the State of Missouri or any federal agency with jurisdiction.
(b) Private wells shall not be permitted for any type of open loop heat pump system, as defined and discussed in 10 CSR 23-5 in the Missouri Code of State Regulations. (Ord. 3411, §1; Ord. 3511, §2)
This ordinance sets forth uniform requirements for users of the publicly owned treatment works for the City of Rolla and enables the City to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this ordinance are:
(a) To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;
(b) To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;
(c) To protect both publicly owned treatment works personnel from injury who may be affected by wastewater and sludge in the course of their employment and the general public;
(d) To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;
(e) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and
(f) To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.
This ordinance shall apply to all users of the publicly owned treatment works. The ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. (Ord. 4701, §2)
Except as otherwise provided herein, the Public Works Director shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Public Works Director may be delegated by the Public Works Director to other City personnel. (Ord. 4701, §2)
The following abbreviations, when used in this ordinance, shall have the designated meanings:
• AHL-Allowable Headworks Loading
• BMP-Best Management Practices
• BOD‑Biochemical Oxygen Demand
• CFR‑Code of Federal Regulations
• COD‑Chemical Oxygen Demand
• CSR-Code State Regulations
• EPA‑U.S. Environmental Protection Agency
• gpd ‑gallons per day
• IU-Industrial User
• MAHL-Maximum Allowable Headworks Loading
• MAIL-Maximum Allowable Industrial Loading
• mg/l ‑milligrams per liter
• NPDES‑National Pollutant Discharge Elimination System
• POTW‑Publicly Owned Treatment Works
• RCRA ‑Resource Conservation and Recovery Act
• SIC ‑Standard Industrial Classification
• SIU-Significant Industrial User
• SNC-Significant Non-Compliance
• TSS ‑Total Suspended Solids
• U.S.C. ‑United States Code
(Ord. 4701, §2)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated.
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. (Ord. 4701, §2)
The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated.
(Ord. 4701, §2)
In addition to the prohibitions of Section 35-198, no user shall discharge any wastewater containing toxic pollutants that exceed specific local standards to the extent that said local standards
are more stringent than State or Federal standards, requirements, or limitations. Specific local standards shall be developed for all SIUs and other users, as appropriate, by the Public Works Director by allocating between those users the total allowable industrial pollutant loads as determined by plant headworks calculations.
(a) The Director is authorized to establish Local Limits pursuant to 40 CFR 403.5
(b) The following pollutant limits are established to protect against Pass Through and Interference. No person shall discharge wastewater containing in excess of the following Table:
Pollutants |
Maximum Daily Limits |
Silver (Ag) |
0.59 |
Arsenic (As) |
0.47 |
Cadmium (Cd) |
0.10 |
Cyanide (CN) |
0.189 |
Chromium (Cr) |
10.72 |
Copper (Cu) |
2.79 |
Mercury (Hg) |
0.03 |
Molybdenum (Mo) |
0.41 |
Nickel (Ni) |
2.85 |
Lead (Pb) |
0.59 |
Selenium (Se) |
0.19 |
Zinc (Zn) |
22.60 |
Conventional Pollutant2 |
|
Ammonia as N |
366 |
BOD5 |
1510 |
TSS |
954 |
pH (SU) |
6.0-9.03 |
Temperature |
140°F4 |
Oil and Grease |
100 mg/L |
1The Local Limits are mass based and a mass allocation method for distributing mass to each CIU/SIU/IU will used for those in need of an allocation. These mass-based limits are to be applied to those industries requiring a limit and the industries must have the ability to meter their discharge flow.
2BOD and TSS discharges must not exceed the Sewer Use Ordinance 35-125(a) and/or (b) are surcharge limits until the maximum allocated CIU/SIU mass limit is reached.
3pH is not to be averaged and is expressed in standard units (SU).
4Temperature is not to be averaged and expressed in Fahrenheit.
(Ord. 4701, §2)
The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. (Ord. 4701, §2)
No 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 discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Public Works Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. (Ord. 4701, §2)
Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 35‑198 of this ordinance within the time limitations specified by EPA, the State, or the Public Works Director, whichever time limitation is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Public Works Director for review, and shall be acceptable to the Public Works Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this ordinance. (Ord. 4701, §2)
(a) Whenever deemed necessary, the Public Works Director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this ordinance.
(b) The Public Works Director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow‑control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization.
(c) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Public Works Director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Public Works Director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense.
(d) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter. (Ord. 4701, §2)
At least once every two (2) years, the Public Works Director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Public Works Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Public Works Director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemical;
(c) Procedures for immediately notifying the Public Works Director of any accidental or slug discharge, as required by Section 35‑227 of this ordinance; and
(d) Procedures to prevent adverse impact from any accidental or slug discharge. 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 plan site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. (Ord. 4701, §2)
(a) Septic tank waste may be introduced into the POTW only at locations designated by the Public Works Director, and at such times as are established by the Public Works Director. Such waste shall not violate Section 35‑198 of this ordinance or any other requirements established by the City. The Public Works Director may require septic tank waste haulers to obtain wastewater discharge permits.
(b) The Public Works Director shall require haulers of industrial waste to obtain wastewater discharge permits. The Public Works Director may require generators of hauled industrial waste to obtain wastewater discharge permits. The Public Works Director also may prohibit the disposal of hauled industrial waste. The discharge of hauled industrial waste is subject to all other requirements of this ordinance.
(c) Industrial waste haulers may discharge loads only at locations designated by the Public Works Director. No load may be discharged without prior consent of the Public Works Director. The Public Works Director may collect samples of each hauled load to ensure compliance with applicable standards. The Public Works Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge.
(d) Industrial waste haulers must provide a waste‑tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. (Ord. 4701, §2)
When requested by the Public Works Director, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The Public Works Director is authorized to prepare a form for this purpose and may periodically require users to update this information. (Ord. 4701, §2)
(a) No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Public Works Director, except that a significant industrial user that has filed a timely application pursuant to Section 35‑209 of this ordinance may continue to discharge for the time period specified therein.
(b) The Public Works Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this ordinance.
(c) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in Sections 35‑239 through 35‑255 of this ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. (Ord. 4701, §2)
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the Public Works Director for a wastewater discharge permit in accordance with Section 35‑21 l of this ordinance, and shall not cause or allow discharges to the POTW to continue after one hundred eighty (180) days of the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Public Works Director. (Ord. 4701, §2)
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 35‑21 l of this ordinance, must be filed at least sixty (60) days prior to the date upon which any discharge will begin or recommence. (Ord. 4701, §2)
All users required to obtain a wastewater discharge permit must submit a permit application. The Public Works Director may require all users to submit as part of an application the following information:
(a) All information required by Section 35‑222 (b) of this ordinance;
(b) 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;
(c) Number and type of employees, hours of operation, and proposed or actual hours of operation;
(d) Each product produced by type, amount, process or processes, and rate of production;
(e) Type and amount of raw materials processed (average and maximum per day);
(f) 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;
(g) Time and duration of discharges; and
(h) Any other information as may be deemed necessary by the Public Works Director to evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. (Ord. 4701, §2)
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 penalty and imprisonment for knowing violations."
(Ord. 4701, §2)
The Public Works Director will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Public Works Director will determine whether or not to issue a wastewater discharge permit. The Public Works Director may deny any application for a wastewater discharge permit. (Ord. 4701, §2)
A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Public Works Director. Each wastewater discharge permit will indicate a specific date upon which it will expire. (Ord. 4701, §2)
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Public Works Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
The Public Works Director shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Public Works Director to reconsider the terms of a wastewater discharge permit within sixty (60) days of notice of its issuance.
(a) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(b) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(c) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(d) If the Public Works Director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
(e) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the municipal court for the twenty fifth Judicial Circuit Court of Missouri within ninety (90) calendar days of the Notice of Issuance. (Ord. 4701, §2)
The Public Works Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
Note: Modification for this purpose may not be allowed unless the permit is transferable as provided in Section 33‑218
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty (60) days advance notice to the Public Works Director and the Public Works Director approves the wastewater discharge permit transfer. The notice to the Public Works Director must include a written certification by the new owner or operator which:
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. (Ord. 4701, §2)
The Public Works Director may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. (Ord. 4701, §2)
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 35‑211 of this ordinance, a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit. (Ord. 4701, §2)
The following conditions shall apply to the compliance schedule required by Section 35-222(b)(7) of this ordinance:
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Public Works Director a report containing the information described in Section 35222(b)(4‑6) of this ordinance. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long‑term production rate. For all other 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 user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 35‑212 of this ordinance. (Ord. 4701, §2)
Each user must notify the Public Works Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least sixty (60) days before the change.
(a) The Public Works Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 35‑211 of this ordinance.
(b) The Public Works Director may issue a wastewater discharge permit under Section 35‑213 of this ordinance or modify an existing wastewater discharge permit under Section 35‑217 of this ordinance in response to changed conditions or anticipated changed conditions.
(c) For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent (20%) or greater, and the discharge of any previously unreported pollutants. (Ord. 4701, §2)
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Public Works Director as the Public Works Director may require. (Ord. 4701, §2)
If sampling performed by a user indicated a violation, the user must notify the Public Works Director within twenty‑four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Public Works Director within thirty (30) days after becoming aware of the violation. The user is not required to resample if the Public Works Director monitors at the user's facility at least once a month, or if the Public Works Director samples between the user's initial sampling and when the user receives the results of this sampling. (Ord. 4701, §2)
(a) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification 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). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 35‑226 of this ordinance. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the selfmonitoring requirements of Section 35‑222, 35‑224, and 35‑ 224 of this ordinance.
(b) Dischargers are exempt from the requirements of paragraph A, above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a onetime notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(c) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Public Works Director, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
(d) In the case of any notification made under this section, the user shall certify that it has program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(e) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law. (Ord. 4701, §2)
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge 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 standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. (Ord. 4701, §2)
Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period. The monitoring frequency shall be twice per year with one sample being in January-June and second sample to be in July-December.
(Ord. 4701, §2)
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. (Ord. 4701, §2)
Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance and any additional records of information obtained pursuant to monitoring activities undertaken by the User independent of such requirements, and documentation associated with Best Management Practices established under Section 35-200. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City, or where the user has been specifically notified of a longer retention period by the Public Works Director. (Ord. 4701, §2)
If the Public Works Director has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Public Works Director may proceed as outlined in Sec. 35‑245 and immediately suspend the user's discharge. (Ord. 4701, §2)
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Public Works Director's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Public Works Director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions 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 immediately 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. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. (Ord. 4701, §2)
The Public Works Director shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates paragraphs (c), (d), or (h) of this section and shall mena:
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may serve upon that user a written Notice of Violation. Within thirty (30) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Public Works Director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Public Works Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. (Ord. 4701, §2)
The Public Works Director may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 35‑242 and 35‑243 of this ordinance and shall be judicially enforceable. (Ord. 4701, §2)
The Public Works Director may order a user which has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Public Works Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 4701, §2)
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self‑monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violations, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 4701, §2)
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Public Works Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 4701, §2)
(a) When the Public Works Director finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director, with City of Rolla Council approval, may penalize such user in an amount not to exceed five hundred dollars ($500 per violation per day). Such penalties shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, penalties shall be assessed for each day during the period of violation.
(b) Unpaid charges and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of one tenth percent (0.1%) of the unpaid balance, and interest shall accrue thereafter at a rate of three percent (3%) per month. A lien against the user's property will be sought for unpaid charges and penalties.
(c) Users desiring to dispute such penalties must file a written request for the Public Works Director to reconsider the penalty along with full payment of the penalty amount within thirty (30) days of being notified of the penalty. The City of Rolla Council will convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The City of Rolla Council may add the costs of preparing administrative enforcement actions, such as notices and orders, to the penalty.
(d) Issuance of an administrative penalty shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 4701, §1)
The Public Works Director may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonable appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Public Works Director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(a) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Public Works Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Public Works Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Public Works Director that the period of endangerment has passed, unless the termination proceedings in Section 35‑246 of this ordinance are initiated against the user.
(b) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Public Works Director prior to the date of any show cause or termination hearing under Sections 35‑241 or 35‑246 of this ordinance. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 4701, §2)
In addition to the provisions in Section 35‑219 of this ordinance, any user who violates the following conditions is subject to discharge termination:
(a) Violation of wastewater discharge permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of it discharge;
(c) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
(e) Violation of the pretreatment standards in Section 35‑198 of this ordinance.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 35‑241 of this ordinance why the proposed action should not be taken. Exercise of this option by the Public Works Director shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 4701, §2)
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may petition the Municipal Court through the City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the user. The Public Works Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 4701, §2)
(a) A user who has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of five hundred dollars ($500) per violation, per day. In the case of a monthly or other long‑term average discharge limit, penalties shall accrue for each day during the period of the violation.
(b) The Public Works Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
(c) In determining the amount of civil liability, the Court shall take into account all relevant circumstance, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 4701, §2)
(a) A user who willfully or negligently violates any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be in violation of this chapter, punishable by a penalty of not more than five hundred dollars ($500.00) per violation, per day, or imprisonment for not more than six (6) months, or both.
(b) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be in violation of this chapter and be subject to a penalty of at least five hundred dollars ($500.00), or be subject to imprisonment for not more than six (6) months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
(c) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with‑, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be subject to a penalty of not more than five hundred dollars ($500.00) per violation, per day, or imprisonment for not more than six (6) months, or both.
(d) In the event of a second conviction, a user shall be subject to a penalty of not more than five hundred dollars ($500.00) per violation, per day, or imprisonment for not more than one (1) year(s), or both. (Ord. 4701, §2)
The remedies provided for in this ordinance are not exclusive. The Public Works Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan.
However, the Public Works Director may take other action against any user when the circumstances warrant. Further, the Public Works Director is empowered to take more than one enforcement action against any noncompliant user. (Ord. 4701, §2)
The Public Works Director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this ordinance, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Public Works Director to be necessary to achieve consistent compliance. (Ord. 4701, §2)
The Public Works Director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this ordinance, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (Ord. 4701, §2)
Whenever a user has violated or continues to violate any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. (Ord. 4701, §2)
A violation of any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Public Works Director. Any person(s) creating a public nuisance shall be subject to the provisions of the Rolla City Code Chapter 28, Sections 28‑1 thru 28‑17 governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. (Ord. 4701, §2)
(a) For the purposes of this section, "upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment 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 treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(b) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (c), below, are met.
(c) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was the time being operated in a prudent and workman‑like manner and in compliance with applicable operation and maintenance procedures; and
(3) The user has submitted the following information to the Public Works Director within twenty‑four (24) hours of becoming aware of the upset if this information is provided orally, a written submission must be provided within five (5) days.
(a) A description of the indirect discharge and cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance;
(d) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof;
(e) Users will have the opportunity for a judicial determination on an claim of upset only in an enforcement action brought of noncompliance with categorical pretreatment standards;
(f) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (Ord. 4701, §2)
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 35‑198 (a) of this ordinance or the specific prohibitions in Section 35‑198(b)(3) through 35‑256(f) of this ordinance if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(a) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
(b) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 4701, §2)
(a) For the purposes of this section,
(1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and 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.
(b) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (c) and (d) of this section.
(c) Bypass Notifications.
(d) Bypass
The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City's Pretreatment Program which may include:
(a) Fees for wastewater discharge permit applications including the cost of processing such applications;
(b) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
(c) Fees for reviewing and responding to accidental discharge procedures and construction;
(d) Fees for filing appeals; and
(e) Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this ordinance and are separate from all other fees and penalties chargeable by the City. (Ord. 4701, §2)
If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect. (Ord. 4701, §2)
This ordinance shall be in full force and effect immediately following its passage, approval, and publication, as provided by law. (Ord. 4701, §2)
Reserved
| Description | Purchase Price | Life Cycle | Uniform Annual Cost |
|---|---|---|---|
| RADIOS | |||
| Maxon Radio-Jet Vac | 398.83 | 10 | 40 |
| Midland Radio #232 | 495.00 | 10 | 50 |
| TEKK Radio Mod T-50 | 465.00 | 10 | 47 |
| Maxon Radio-Sludge Truck | 340.00 | 10 | 34 |
| Midland Port. Radio-Mod #70.143B | 360.00 | 10 | 36 |
| Midland Radio #264-Mod #70-336B | 350.00 | 10 | 35 |
| Midland Radio-Mod #70-336B | 350.00 | 10 | 35 |
| Midland Port. Radio-Mod #70 | 360.00 | 10 | 36 |
| Midland Base-Mod #70840B | 700.00 | 10 | 70 |
| Midland Port.-Mod #70-143B | 360.00 | 10 | 36 |
| Midland #233-Mod #70380B | 700.00 | 10 | 70 |
| Midland #231-Mod #70340B | 700.00 | 10 | 70 |
| Midland #261-Mod #70-336B | 350.00 | 10 | 35 |
| TEKK Radio Mod T-50 | 465.00 | 10 | 47 |
| Maxon Radio #266-Dump Truck | 393.83 | 10 | 39 |
| LAB EQUIPMENT | |||
| Microscope Galen III | 1,370.00 | 10 | 137 |
| Vac. Pump. GAST | 300.00 | 10 | 30 |
| Orion NH3 Probe Mod #0-9512BN | 416.00 | 10 | 42 |
| Analytical Balance | 2,195.00 | 10 | 220 |
| Stirrer, Mod #S7225 | 120.00 | 10 | 12 |
| Stirrer, Mod #S7225 | 120.00 | 10 | 12 |
| Wheaton Still 5.0L | 2,109.00 | 10 | 211 |
| Steambath, BOEKEL | 350.00 | 10 | 35 |
| Autoclave-Mod #2340 | 2,800.00 | 10 | 280 |
| Hot plate, Therm. | 285.00 | 10 | 29 |
| Dessicator BOEKEL | 180.00 | 10 | 18 |
| Incubator, FREAS-Mod #815 | 2,100.00 | 10 | 210 |
| Orion NH3Probe-MOD#85-12 | 600.00 | 3 | 200 |
| Orion pH/ISE Meter-Mod#720A | 1,400.00 | 5 | 280 |
| Orion PH/ISE Meter-Mod#720A | 1,400.00 | 5 | 280 |
| Drying Oven. Grieve | 650.00 | 10 | 65 |
| Hach Port. D.O. Meter-Mod#16046 | 1,400.00 | 10 | 140 |
| Microscope Swift-Mod.23(FEC) | 274.00 | 10 | 27 |
| Microscope, Bausch & Lomb (V.R.) | 350.00 | 10 | 35 |
| Illuminator (FEC) | 274.00 | 10 | 27 |
| H2O Bath Incubator | 983.00 | 10 | 98 |
| Muffel Furnace-Mod#F6010 (thermolyne) | 1,495.00 | 10 | 150 |
| Triple Beam Balance | 500.00 | 10 | 50 |
| Orion B.O.D. Probe-Mod#97-08-99 | 940.00 | 5 | 188 |
| Orion B.O.D. Probe-Mod#97-08-99 | 940.00 | 5 | 188 |
| Hanna D.O. Probe-Mod#HI 9142 | 478.00 | 10 | 48 |
| Misc. Glass Lab | 9,000.00 | 10 | 900 |
| Blender | 100 | 10 | 10 |
| Microscope - Fisher Scientific | 2,000.00 | 10 | 200 |
| LAB EQUIPMENT - SAMPLERS | |||
| ISCO Sampler-Mod#1580 | 1400 | 10 | 140 |
| Sigma Sampler-Mod#900 (VR) | 2,458.80 | 10 | 246 |
| Sigma Sampler-Mod#900 (VR) | 2,458.00 | 10 | 246 |
| Sigma Sampler | 2,400.00 | 10 | 240 |
| Sigma Sampler (SW) | 5,000.00 | 10 | 500 |
| LAB EQUIPMENT - REFRIGERATORS | |||
| Westinghouse-Refrigerator 14" (VR) | 685.00 | 10 | 69 |
| Roper Refrigeration RT18DKXXWOO SE | 520.00 | 10 | 52 |
| Gibson Refrigerator 14'-Mod#MDLRT 15 SE | 500.00 | 10 | 50 |
| ROLLING STOCK | |||
| Trucks-Wastewater | |||
| 2004 Chevrolet Pickup, § ton 4x4 #232 | 13,984.00 | 10 | 1,398 |
| 1997 Ford Pickup § ton F150 4x4 #231 | 18,018.00 | 10 | 1,802 |
| 2007 Ford Pickup § ton F150 4x4 #233 | 18,018.00 | 10 | 1,802 |
| 2003 Terragator Sludge Truck #235 | 85,130.00 | 15 | 5,675 |
| 1999 Dodge Pickup § ton 4x4 #234 | 12,000.00 | 10 | 1,200 |
| Trucks-Sewer | |||
| 2007 JHC Jet Vac #265 | 149,851.00 | 10 | 14,985 |
| 2005 JHC Tandem Dump Truck #266 | 31,883.50 | 12 | 2,657 |
| 1999 Ford TV Truck #263 | 170,000.00 | 15 | 11,333 |
| 2008 Ford F250 § ton Pickup, 9000GVW, 40 HP #264 | 15,000.00 | 7 | 2,143 |
| 2006 John Deere Backhoe #269 | 40,000.00 | 10 | 4,000 |
| Bobcat 873G § 2000 #262 | 26,120.00 | 10 | 2,612 |
| WASTEWATER EQUIPMENT | |||
| Drum Pump, Finish Thompson | 572.50 | 10 | 57 |
| Torrential Floating Pump 5 HP | 2,435.00 | 10 | 244 |
| HP Desk Jet 600 Printer | 289.00 | 10 | 29 |
| 15" Monitor | 120.00 | 10 | 12 |
| Computer | 1,860.00 | 10 | 186 |
| Scanner-Mod#FB-675 | 250.00 | 10 | 25 |
| Air Cond.-Mod#A3T12F2AL-U (VR) | 384.00 | 10 | 38 |
| Wacher 16 hp Pump-Mod#PTS4U | 2,726.90 | 10 | 273 |
| Air Compressor 1 1/2 hp-Mod#XER6641 | 425.00 | 10 | 43 |
| Jacuzz HP pump | 350.00 | 10 | 35 |
| 3" Trash Pump | 2,400.00 | 5 | 480 |
| Goulds 1/2 HP Sump Pump | 422.21 | 10 | 42 |
| John Boat 14' | 500.00 | 10 | 50 |
| 6 hp Evinrude Motor | 750.00 | 10 | 75 |
| Grinder | 125.00 | 10 | 13 |
| Battery Charger | 125.00 | 10 | 13 |
| Air Tank | 75.00 | 10 | 8 |
| Act. Torch | 315.00 | 10 | 32 |
| COLLECTION SYSTEM-SEWER | |||
| 1992 Extenda Jet #268 | 20,000.00 | ||
| Pipe Laser, Topcon #TPL3G | 7,307.63 | 10 | 731 |
| Sewer Rodder SRBCO Mod#538 | 17,500.00 | 10 | 1,750 |
| First Aid Kit | 200.00 | 10 | 20 |
| Manhole Lift | 1,000.00 | 10 | 100 |
| Manhole Lift | 750.00 | 10 | 75 |
| Coleman Generator | 450.00 | 10 | 45 |
| Emergency O2 | 395.00 | 10 | 40 |
| Husqvarna Chain Saw | 400.00 | 10 | 40 |
| Air Compressor Mod#P100CWD | 7,900.00 | 10 | 790 |
| Snow Plow Mod #60381 | 1,700.00 | 10 | 170 |
| Welder, Lincoln Mod #K2tlps | 1,710.00 | 10 | 171 |
| Cut Off Saw, Stihl | 728.00 | 10 | 73 |
| Snow Blade, Western Mod#60381 | 1,700.00 | 10 | 170 |
| Root Cutter, Sewer Egt of AM (4 EA) | 1,300.00 | 10 | 130 |
| Electric Eel | 2,500.00 | 10 | 250 |
| OFFICE FURNITURE | |||
| Chair with Arms | 200.00 | 10 | 20 |
| Chair Roller | 1,500.00 | 10 | 150 |
| Desk Cole Brand | 350.00 | 10 | 35 |
| Chair Roller | 250.00 | 10 | 25 |
| Secretarial Chair Roller | 250.00 | 10 | 25 |
| Secretarial Chair Roller | 150.00 | 10 | 15 |
| 4 Drawer File Cabinet | 200.00 | 10 | 20 |
| Cabinet (Chem) | 300.00 | 10 | 30 |
| Martin 4 Drawer File Cabinet | 250.00 | 10 | 25 |
| 4 Drawer File Cabinet | 250.00 | 10 | 25 |
| Lab chair Roller | 150.00 | 10 | 15 |
| Table | 250.00 | 10 | 25 |
| Table | 250.00 | 10 | 25 |
| SOUTHEAST PLANT | |||
| Mech. Barscreen East inf. | 90,000.00 | 20 | 4,500 |
| Mech. Barscreen West stormwater | 70,000.00 | 20 | 3,500 |
| Mech. Barscreen West inf. | 80,000.00 | 20 | 4,000 |
| Return Liftstation | 70,000.00 | 20 | 3,500 |
| OX Ditch Rotors (6) 12,000 ea | 72,000.00 | 20 | 3,600 |
| Final Clarifier Drive | 250,000.00 | 20 | 12,500 |
| Parshall Flume & flow meter | 25,000.00 | 20 | 1,250 |
| Frequence Drives (2) 25,000 ea | 50,000.00 | 20 | 2,500 |
| East side Stormwater Clarifier | 500,000.00 | 20 | 25,000 |
| Flow Meter & Flume | 5,000.00 | 20 | 250 |
| Grit Removal System | 6,000.00 | 20 | 300 |
| Primary Clarifier | 66,000.00 | 20 | 3,300 |
| Trickling Filter | 120,000.00 | 20 | 6,000 |
| Final Clarifier | 48,000.00 | 20 | 2,400 |
| Activated Sludge Unit | 400,000.00 | 20 | 20,000 |
| Flygt Lift Station | 50,000.00 | 20 | 2,500 |
| Stormwater Clarifier | 500,000.00 | 20 | 25,000 |
| Flow Meter & Flume | 13,755.00 | 20 | 688 |
| Stormwater Pump Station | 60,000.00 | 20 | 3,000 |
| Blowers (3 each) | 105,000.00 | 20 | 5,250 |
| Grit Classifier | 4,500.00 | 20 | 225 |
| Raw Sludge Pump (WEMCO) | 12,000.00 | 20 | 600 |
| Raw Sludge Pump (WEMCO) | 4,000.00 | 20 | 200 |
| Sump Pump | 1,800.00 | 20 | 90 |
| Water Seal Unit | 2,500.00 | 20 | 125 |
| Trickling Tower | 250,000.00 | 20 | 12,500 |
| Flow Recorder | 3,215.00 | 20 | 161 |
| Trickling Tower Pump Station | 50,000.00 | 20 | 2,500 |
| 12" Motorized Valve | 2,688.00 | 20 | 134 |
| 12" Mag Meter | 4,150.00 | 20 | 208 |
| Record Indicator | 2,500.00 | 20 | 125 |
| Fans | 900.00 | 20 | 45 |
| Ultra Sonic Flow Meter | 1,099.00 | 20 | 55 |
| Automatic Sampler | 1,200.00 | 20 | 60 |
| Sand Filter | 156,800.00 | 20 | 7,840 |
| Air Compressor | 10,000.00 | 20 | 500 |
| VICHY ROAD | |||
| Sewage Treatment Unit | 200,000.00 | 20 | 10,000 |
| Hycore (Comminutor) | 60,000.00 | 20 | 3,000 |
| Flow Meter & Flume | 4,500.00 | 20 | 225 |
| Grit Removal Eqt. | 6,000.00 | 20 | 300 |
| Stormwater Clarifier | 9,180.00 | 20 | 459 |
| Stormwater Pump Station | 40,000.00 | 20 | 2,000 |
| Stormwater Flow Meter & Flume | 6,000.00 | 20 | 300 |
| Blower (2 each) | 26,675.00 | 20 | 1,334 |
| Trickling Tower | 100,000.00 | 20 | 5,000 |
| Polishing Tank | 50,000.00 | 20 | 2,500 |
| Trickling Tower Pump Station | 40,000.00 | 20 | 2,000 |
| Grit Classifier | 4,500.00 | 20 | 225 |
| Water Seal Unit | 2,500.00 | 20 | 125 |
| Raw Sludge Pumps | 6,500.00 | 20 | 325 |
| Office Desk | 150.00 | 20 | 8 |
| Office Chair | 110.00 | 20 | 6 |
| Lab Stool | 105.00 | 20 | 5 |
| Tools | 200.00 | 20 | 10 |
| SOUTHWEST | |||
| Mechanical Bar Screen | 125,000.00 | 20 | 6,250 |
| Flow Meter & Flume | 35,000.00 | 20 | 1,750 |
| Sewage Treatment Unit | 400,000.00 | 20 | 20,000 |
| 4,906,370.00 | TOTAL | 272,189 |
(Ord. 3359, §2; Ord. 3486, §2)
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