WASTEWATER DISCHARGE PERMITS

Kansas City Code ch. 60, art. IV, div. 4

in effect

Kansas City Code § 60-140 Wastewater discharge permits; generally.

Sec. 60-140. - Wastewater discharge permits; generally. (a) The director may issue, deny, modify or revoke a wastewater discharge permit as described herein. Such actions may be appealed as described herein. (b) Any new industrial user which will be a significant industrial user shall apply for and shall obtain a wastewater discharge permit prior to discharging to the POTW except as otherwise described in subsection (h) of this section. Such application shall be submitted to the director 120 days prior to any proposed discharge. (c) Any significant industrial user which significantly alters or adds to its operation, processes, or wastewater volume or character shall apply for and shall obtain a new permit prior to making the alteration. Such application shall be submitted to the director 60 days prior to any alteration in discharge. This 60-day notice may be waived by the director for alterations which reduce the total quantity of wastewater or pollutants discharged. (d) Any existing industrial user which becomes a significant industrial user due to any increase or change in the industrial user's contribution of pollutants to the POTW or due to the enactment or revision of this article or promulgation or revision of a categorical standard shall submit a wastewater discharge permit application within 120 days after the effective date of this article or within 120 days after the date it becomes a significant industrial user, whichever is later. (e) Any violation of wastewater discharge permit requirements or conditions shall be a violation of this article. Compliance with a wastewater discharge permit does not relieve the permittee of responsibility for compliance with this article, with all applicable federal and state pretreatment standards and requirements, or with any other requirements of federal, state or local statutes or regulations. (f) No significant industrial user shall: (1) Discharge anything into the POTW without having first obtained a valid wastewater discharge permit; or (2) Discharge anything into the POTW when its wastewater discharge permit has been suspended, revoked, or has expired; or (3) Discharge anything into the POTW in excess of or in contravention of the provisions of its wastewater discharge permit. (g) Any existing facility which has complied with subsection (c) of this section shall be exempt from the requirements of subsection (f) of this section pending the director's decision on the issuance of a permit. (h) Upon finding that an industrial user, who is not subject to categorical pretreatment standards but otherwise meets the criteria for being a significant industrial user has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard, the director may at any time determine that such industrial user is not a significant industrial user. (i) Director may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this article. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-141 Wastewater discharge permit application contents.

Sec. 60-141. - Wastewater discharge permit application contents. (a) In order to be considered for a wastewater discharge permit, the director may require an industrial user to submit, in units and terms appropriate for evaluation, an application containing: (1) Name, address and discharge location (if different from the address). (2) A description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; (3) The number of employees and hours of operation; (4) A list of each product produced by type, amount, process or processes, and rate of production; (5) The type and amount of raw materials processed (average and maximum per day); (6) The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; (7) The time, duration, and flow rate of the discharge; (8) The nature and concentration of any pollutants in the discharge which are limited by pretreatment standards or pretreatment requirements, and a statement regarding whether or not the pretreatment standards or pretreatment requirements are being met on a consistent basis, and if not, whether additional operation and maintenance and/or additional pretreatment is required for the significant industrial user to meet said pretreatment standards or pretreatment requirements; (9) Any environmental control permits held by or for the facility; and (10) Such additional information as deemed necessary or appropriate by the director to evaluate, clarify, modify or supplement the originally submitted wastewater discharge permit application. (b) All industrial users subject to categorical pretreatment standards must submit a baseline monitoring report as described in section 60-152 of this article. (c) Any industrial user desiring, or required by the director, to use the combined wastestream formula as described in 40 CFR 403.6(e) to establish applicable discharge requirements shall submit the necessary information and calculations to support the use of the formula. (d) Failure by an industrial user to provide any information required by or in accordance with this section may result in denial or revocation of a permit. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-142 Application signatories and certification.

Sec. 60-142. - Application signatories and certification. (a) All wastewater discharge permit applications must contain the certification statement as described in section 60-160 and be signed by the authorized representative of the industrial user. (b) All wastewater discharge permit applications must contain the appropriately signed and certified "designation of authorized representative" form. (c) A facility determined to be a non-significant categorical industrial user by the director pursuant to section 60-112(a) must annually submit the signed certification statement in section 60-160(b). (Ord. No. 120551, § 1, 6-28-12; Ord. No. 230390, § 1, 5-11-23)

Kansas City Code § 60-143 Wastewater discharge permit contents.

Sec. 60-143. - Wastewater discharge permit contents. (a) Wastewater discharge permits may include such conditions as are reasonably deemed necessary by the director to prevent pass through or interference, protect the water quality of the receiving stream, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality of the POTW, or protect against damage to the POTW. (b) Wastewater discharge permits may contain, but need not be limited to, the following conditions and may contain a schedule for compliance with said conditions: (1) A statement of the wastewater discharge permit duration, which in no event shall exceed five years; (2) A statement that the wastewater discharge permit is not transferable; (3) Discharge and/or effluent limits including best management practices applicable to the permittee and the permittee's processes, based on applicable standards in federal, state, or local laws and regulations and interjurisdictional agreements; (4) Self-monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include parameters to be monitored, sampling location, sampling frequency, and sample type based on federal, state, or local statutes or regulations and/or interjurisdictional agreements. These requirements may also include provisions for increased self-monitoring activities in the event of violations; (5) A statement of applicable civil, criminal, and administrative penalties for violation of discharge or effluent standards and requirements, and any applicable compliance schedule; (6) Requirements to control sludge discharges, if determined by the director to be necessary; (7) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; (8) Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties; (9) Requirements for the installation of pretreatment technology or construction of appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW; (10) Requirements for development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges; (11) Requirements for development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; (12) The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW; (13) Requirements for installation and maintenance of inspection, monitoring and sampling facilities and equipment; (14) Requirements for periodic submittal of all incoming and outgoing hazardous waste manifests; (15) Other conditions as deemed appropriate by the director to ensure compliance with this article, and state and federal laws, rules, and regulations. (Ord. No. 120551, § 1, 6-28-12; Ord. No. 230390, § 1, 5-11-23)

Kansas City Code § 60-144 Authority to enforce permit violations.

Sec. 60-144. - Authority to enforce permit violations. Wastewater discharge permit conditions are specifically and independently enforceable regardless of whether they are expressly required by or set out in this article. Enforcement shall be in accordance with the provisions, penalties, and other requirements of this article and all other applicable laws and regulations. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-145 Wastewater discharge permit appeals.

Sec. 60-145. - Wastewater discharge permit appeals. (a) The permit applicant or permittee may petition the director to reconsider a wastewater discharge permit denial or revocation or the terms of a wastewater discharge permit or a wastewater discharge permit modification within 30 days of the denial, issuance, revocation or modification of a permit. (b) If the applicant or permittee does not submit a timely petition for reconsideration the director's permit decision shall be final. (c) In its petition, the petitioner must indicate the reasons it believes the director's decision was in error and specify the wastewater discharge permit conditions to which it objects. (d) The effectiveness of the wastewater discharge permit decision shall not be stayed pending the appeal. (e) If the director fails to act within 30 days, a request for reconsideration shall be deemed to be denied. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-146 Wastewater discharge permit modification.

Sec. 60-146. - Wastewater discharge permit modification. (a) The director may modify a wastewater discharge permit for good cause including, but not limited to, the following: (1) To incorporate any new or revised federal, state, or local pretreatment standard or monitoring requirement; (2) To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; (3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; (4) Information indicating that the permitted discharge poses a threat to the POTW, city personnel, or the receiving waters; (5) Violation of any terms or conditions of the wastewater discharge permit or this article; (6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; (7) Revision of categorical pretreatment standards; (8) To correct typographical or other errors in the wastewater discharge permit. (b) The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition. (Ord. No. 120551, § 1, 6-28-12)

Kansas City Code § 60-147 Wastewater discharge permit denial/revocation.

Sec. 60-147. - Wastewater discharge permit denial/revocation. (a) A permit may be revoked at any time upon giving the permittee at least 30 days written notice. However, in cases where a permittee's discharge is an imminent threat to health and safety or caused interference or pass through, the permit may be revoked without notice. (b) Wastewater discharge permits may be denied or revoked for the following reasons: (1) Failure to notify the director of significant changes to the discharge prior to such changes; (2) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; (3) Falsifying self-monitoring reports; (4) Tampering with monitoring equipment; (5) Refusing to allow the director timely access to the facility premises and records; (6) Failure to meet effluent limitations; (7) Failure to pay fines; (8) Failure to pay sewer charges and/or permit fees; (9) Failure to meet compliance schedules; (10) Failure to complete a requested wastewater survey; (11) Failure to submit required reports or information; (12) Violation of any pretreatment standard, this article, or any terms of a wastewater discharge permit. (Ord. No. 120551, § 1, 6-28-12)

Source: City of Kansas City, Missouri, Code of Ordinances, Charter and Zoning and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/mo/kansas_city/codes/code_of_ordinances?nodeId=COORKAMIVOII_CH60SESEDI_ARTIVCOINWA_DIV4WADIPEFetched: 10/28/2026