Sec. 60-112. - Definitions and rules of construction.
(a) Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:
Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
Authorized representative of an industrial user means:
(1) If the industrial user is a corporation, authorized representative shall mean:
a. The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs policy or decision-making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) If the industrial user is a partnership or sole proprietorship, authorized representative shall mean a general partner or proprietor, respectively;
(3) If the industrial user is a federal, state or local governmental facility, authorized representative shall mean a director or the highest official appointed or designated to oversee the operation and performance of the activities of the governmental facility, or his designee;
(4) The individuals described in paragraphs a through c above may designate another authorized representative if the authorization is submitted in writing to the director and the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or who has overall responsibility for environmental matters for the industrial user.
Batch means a quantity of wastewater, physically separated from all other quantities of wastewater for the purpose of treatment and/or discharge.
Best management practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement to prevent or reduce pollution of waters. BMPs also include treatment requirements, operating procedures, and practices to control industry site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. In general, BMPs are management and operational procedures intended to prevent pollution from entering a facility's waste stream or reaching a discharge point.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of matter under standard laboratory conditions in five days at 20 degrees centigrade, expressed in milligrams per liter (mg/l).
Building sewer means the extension from the building drain to the city sewer or other place of disposal.
Categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405—471.
Chemical oxygen demand (COD) means a measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed as the amount of oxygen consumed by a chemical oxidant in a specified test. It does not differentiate between stable and unstable organic matter and thus does not necessarily correlate with biochemical oxygen demand (BOD).
City means the City of Kansas City, Missouri.
City sewer means a sewer owned or controlled by the city.
Combined sewer means a sewer receiving both surface runoff and wastewater.
Combined wastestream formula means a method defined in 40 CFR 403.6(e) to derive alternative discharge limits. Such alternative discharge limits may apply where process effluent regulated by any categorical pretreatment standard is mixed prior to treatment with wastewaters other than those generated by the regulated process.
Commercial or industrial wastes means the waterborne wastes from commercial and/or industrial establishments as distinct from sanitary wastewater. This shall not include any discharge to the POTW through an interconnection pursuant to an interjurisdictional agreement as described in division 10 of this article.
Commercial user means industrial user.
Composite sample means a combination of individual samples collected over a designated period of time.
Code of Federal Regulations (CFR) means regulations as issued by the United States Government. References to sections of CFR shall be in accordance with the latest revisions unless specifically stated otherwise.
Code of State Regulations (CSR) means regulations as issued by the Missouri State Government. References to sections of CSR shall be in accordance with the latest revisions unless specifically stated otherwise.
Daily maximum means an effluent limitation that specifies the total mass or average concentration of pollutants that may be discharged in a calendar day.
Day means a period of normal operation not to exceed 24 hours.
Department means the water services department of Kansas City, Missouri.
Director means the director of the water services department of the city, or his authorized deputy, agent or representative.
Discharge means material directly or indirectly released to the POTW; or the act of releasing material directly or indirectly to the POTW.
Effluent means the "end of process" liquid wastes from an industrial process which ultimately are discharged.
Environmental Protection Agency (EPA) means the United States Environmental Protection Agency.
Garbage means solid food wastes from the preparation, cooking and disposing of food, together with incidental admixtures, and from the handling, storage and sale of produce.
Grab sample means a sample which is taken on a one-time basis without regard to the flow rate of the sampled stream and without consideration of time.
Hazardous waste means any material, regardless of amount, which would be defined as a hazardous waste under the Missouri Hazardous Waste Management Law, Chapter 260, Environmental Control, RSMo 260.350—260.430 or the federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., or their implementing regulations if it were not discharged to the POTW.
Industrial user means any person discharging pollutants into a POTW from any non-domestic source.
Instantaneous maximum allowable discharge limit means the maximum concentration of a pollutant allowed to be discharged at any time, independent of the discharge rate and duration of the sampling event.
Interference means inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal which results in violation (including an increase in the magnitude or duration of a violation) of the city's NPDES permit or prevents wastewater sludge use or disposal in compliance with any federal, state or local law, regulation or permit.
Medical waste means isolation wastes, infectious agents, human blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis waste or any other materials or items commonly used or associated with medical care.
New source means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(1) The building, structure, facility or installation is constructed at a site which no other source is located; or
(2) The building, structure, facility or installation totally replaces the process or production equipment that cause the discharge of pollutants at an existing source; or
(3) The production of wastewater generating process of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
Non-significant categorical industrial user means an industrial user subject to categorical pretreatment standards that the director has found never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and:
(1) The industrial user, prior to city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements; and
(2) The industrial user annually submits the certification statement required in section 60.160(b), together with any additional information necessary to support the certification statement; and
(3) The industrial user never discharges any untreated concentrated wastewater.
Normal sewage means wastewater which contains not over 250 milligrams per liter (mg/l) of suspended solids, not over 250 milligrams per liter (mg/l) of BOD, not over 30 milligrams per liter (mg/l) of oil and grease and which does not contain any of the materials or substances listed in section 60-121 of this article in excess of allowable amounts specified in said section.
NPDES permit means national pollutant discharge elimination system permit issued by the Missouri Department of Natural Resources or EPA.
Oil and grease means any material recovered as a substance soluble in an organic extracting solvent as specified by Standard Method 5520 of "Standard Methods for the Examination of Water and Wastewater," 18th edition, 1992 or the latest revision thereto. Oil and grease is composed primarily of fatty matter from animal and vegetable sources and from hydrocarbons of petroleum origin. The concentration of oil and grease of petroleum hydrocarbon origin can be determined using Standard Method 5520F. The concentration of oil and grease of animal and vegetable origin is hereby defined as the difference between the total and the petroleum hydrocarbon oil and grease concentrations.
PH means a measure of the acidity or alkalinity of a substance, expressed in standard units.
Pass through means a violation of any requirement of the city's NPDES permit, including an increase in the magnitude or duration of a violation, caused by a discharge or combination of discharges.
Person means any individual, partnership, co-partnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the state or federal government, or any other legal entity whatever, which is recognized by law as the subject of rights and duties or their legal representatives, agents or assigns.
Pollutant means anything discharged into the POTW which causes any alteration of chemical, physical, biological, or radiological integrity of water including, but not limited to dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, but not by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard or requirement.
Pretreatment requirement means any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a categorical pretreatment standard or pretreatment standard.
Pretreatment standard means any regulation which applies to industrial users and contains pollutant discharge limits promulgated by EPA in accordance with the Act. This term includes prohibitive discharge limits pursuant to 40 CFR 403.5.
Properly shredded garbage means garbage that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in the city sewers, with no particle greater than one-half inch in any dimension.
Publicly owned treatment works (POTW) means a "treatment works" as defined by Section 212 of the Act (33 USC 1292), which is owned by the city. This definition includes the sewer system and any other devices or systems used in the collection, storage, treatment, testing, monitoring, recycling and reclamation of wastewater or industrial wastes and any conveyances which convey wastewater to a treatment plant.
Receiving stream means any natural watercourse into which treated or untreated wastewater is discharged.
Sanitary wastewater means those wastes which are comparable to wastes which originate in residential units and contain only human excrement and wastes from kitchen, laundry, bathing and other household facilities.
Sanitary sewer means a sewer which carries wastewater and to which storm, surface and ground waters are not normally admitted.
Sewer means a pipe or a conduit for carrying wastewater.
Significant industrial user means any industrial user which:
(1) Is subject to categorical pretreatment standards; or
(2) Purchases, uses, or discharges an average of 25,000 gallons per day or more of water; or
(3) Discharges a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the wastewater treatment plant serving the said industrial user; or
(4) Accepts waste from another location outside the facility's boundaries for treatment, storage or disposal; or
(5) Is designated as significant by the director on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operations, for violating this article or for violating pretreatment standards or requirements.
Slug discharge means any discharge of a non-routine, episodic nature, including, but not limited to, an accidental spill or a non-customary discharge with any pollutant released at a flow rate and/or concentration which has a reasonable potential to cause interference, pass-through, or violation of the criteria or applicable discharge standards of this chapter.
Standard laboratory methods means sampling and analytical techniques promulgated by EPA in 40 CFR Part 136.
State means the State of Missouri, including its agencies, and specifically the department of natural resources.
Storm sewer, storm drain means a sewer which normally carries only storm and surface waters and drainage.
Stormwater means any flow resulting from any form of natural precipitation including stormwater runoff, snowmelt runoff, surface runoff, and drainage.
Suspended solids (nonfilterable residue) means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering.
Toxic pollutants means those substances listed in regulations promulgated by EPA under the provisions of Section 307 (33 USC 1317) of the Act.
User means any person who discharges, causes or permits discharge into the city's POTW.
Waste treatment facility means any commercial facility accepting industrial wastes from another location outside the facility's boundaries for treatment, storage or disposal.
Wastewater or sewage means 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, whether treated or untreated.
Wastewater treatment plant (WWTP) or treatment plant means the portion of the POTW designed to provide treatment of wastewater.
(b) Rules of construction. Unless the context specifically indicates otherwise, the construction of terms used in this article shall be as follows:
(1) "Shall" is mandatory; "may" is permissive or discretionary.
(2) The singular shall be construed to include the plural and the plural shall include the singular as indicated by the context.
(3) The masculine shall be construed to include the feminine.
(Ord. No. 120551, § 1, 6-28-12; Ord. No. 230390, § 1, 5-11-23)
