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Legislation #: 950524 Introduction Date: 4/27/1995
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 60 of the Code of Ordinances of Kansas City, entitled "Sewers and Sewage Disposal", by repealing Sections 60-112 and 60-126 of Article IV and enacting in lieu thereof new sections of like number and subject matter.

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Amending Chapter 60 of the Code of Ordinances of Kansas City, entitled "Sewers and Sewage Disposal", by repealing Sections 60-112 and 60-126 of Article IV and enacting in lieu thereof new sections of like number and subject matter.




Section A. That Chapter 60 of the Code of Ordinances of Kansas City, Missouri entitled "Sewers and Sewage Disposal", is hereby amended by repealing Sections 60-112 and 60-126 of Article IV and enacting in lieu thereof new Sections 60-112 and 60-126 of like subject to read as follows:



Section 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:


1. Act: The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.


2. Authorized Representative of an Industrial User:


a. If the Industrial User is a corporation, Authorized Representative shall mean

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;


b. If the Industrial User is a partnership or sole proprietorship, Authorized

Representative shall mean a general partner or proprietor, respectively;


c. If the Industrial User is a Federal, State or local governmental facility,

Authorized Representative shall mean a Director or the highest official

appointed or designated to oversee the operation and performance of the

activities of the governmental facility, or his designee;


d. The individuals described in 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.


3. Batch: A quantity of Wastewater, physically separated from all other quantities of Wastewater for the purpose of treatment and/or Discharge.


4. Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in the biochemical oxidation of matter under standard laboratory conditions in five days at

twenty (20) degrees Centigrade, expressed in milligrams per liter (mg/l).


5. Building Sewer: The extension from the building drain to the City Sewer or other place of disposal.


6. Categorical Pretreatment Standard or Categorical Standard: Any regulation containing pollutant 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.


7. Chemical Oxygen Demand (COD): A measure of the oxygen-consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed as the

amount of oxygen consumed by a chemical oxidant in a specified test. It does not

differentiate between stable and unstable organic matter and thus does not necessarily

correlate with biochemical oxygen demand (BOD).


8. City: The City of Kansas City, Missouri.


9. City Sewer: A Sewer owned or controlled by the City.


10. Combined Sewer: A Sewer receiving both surface runoff and Wastewater.


11. Combined Wastestream Formula: A method defined in 40 CFR 403.6(e) to derive alternative discharge limits. Such alternative discharge limits may apply where

process effluent regulated by any Categorical Pretreatment Standard is mixed prior

to treatment with Wastewaters other than those generated by the regulated process.


12. Commercial or Industrial Wastes: The waterborne wastes from commercial and/or industrial establishments as distinct from Sanitary Wastewater. 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.


13. Commercial User: Industrial User.


14. Composite Sample: A sample resulting from the combination of individual Wastewater samples taken at selected intervals based on an increment of either flow

or time.


15. Code of Federal Regulations (CFR): Regulations as issued by the United States Government. References to sections of CFR shall be in accordance with the latest

revisions unless specifically stated otherwise.


16. Code of State Regulations (CSR): Regulations as issued by the Missouri State Government. References to sections of CSR shall be in accordance with the latest

revisions unless specifically stated otherwise.


17. Daily Maximum: The maximum flow rate or maximum average concentration of a particular pollutant which may be discharged in a Day.


18. Day: A period of normal operation not to exceed twenty-four hours.


19. Department: The Pollution Control Department of Kansas City, Missouri.


20. Director: The Director of the Pollution Control Department of the City, or his authorized deputy, agent or representative.


21. Discharge: Material directly or indirectly released to the POTW; or the act of releasing material directly or indirectly to the POTW.


22. Effluent: The "end of process" liquid wastes from an industrial process which ultimately are Discharged.


23. Environmental Protection Agency (EPA): The United States Environmental Protection Agency.


24. Garbage: Solid food wastes from the preparation, cooking and disposing of food, together with incidental admixtures, and from the handling, storage and sale of



25. Grab Sample: 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.


26. Hazardous Waste: Any material, regardless of amount, which would be defined as a hazardous waste under 40 CFR Part 261 or 10 CSR 25 if it were not discharged

to the POTW.


27. Industrial User: Any Person Discharging Commercial or Industrial Wastes.


28. Instantaneous Maximum Allowable Discharge Limit: The maximum concentration of a pollutant allowed to be Discharged at any time, independent of the Discharge

rate and duration of the sampling event.


29. Interference: Inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal which results in violation

(including an increase in the magnitude or duration of a violation) of the City's

NPDES Permit or prevents wastewater sludge use or disposal in compliance with any

federal, state or local law, regulation or permit.


30. Medical Waste: Isolation wastes, infectious agents, human blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated

bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis

waste or any other materials or items commonly used or associated with medical



31. Normal Sewage: Wastewater which contains not over two hundred fifty (250) milligrams per liter (mg/l) of Suspended Solids, not over two hundred fifty (250)

milligrams per liter (mg/l) of BOD, not over thirty (30) milligrams per liter (mg/l)

of Oil & 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



32. NPDES Permit: National Pollutant Discharge Elimination System Permit issued by the Missouri Department of Natural Resources or EPA.


33. Oil & Grease: Any material recovered as a substance soluble in an organic extracting solvent as specified by Standard Method 5520 of STANDARD METHODS FOR


the latest revision thereto. Oil & Grease is composed primarily of fatty matter from

animal and vegetable sources and from hydrocarbons of petroleum origin. The

concentration of Oil & Grease of petroleum hydrocarbon origin can be determined

using Standard Method 5520F. The concentration of Oil & Grease of animal and

vegetable origin is hereby defined as the difference between the total and the

petroleum hydrocarbon Oil & Grease concentrations.


34. pH: A measure of the acidity or alkalinity of a substance, expressed in standard units.


35. Pass Through: 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.


36. Person: Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal

entity, or their legal representatives, agents or assigns.


37. Pollutant: Anything discharged into the POTW which causes any alteration of chemical, physical, biological, or radiological integrity of water including, but not

limited to dredged spoil, solid waste, incinerator residue, filter backwash, sewage,

Garbage, sewage sludge, munitions, Medical Wastes, chemical wastes, biological

materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand,

cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics

of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or



38. Pretreatment: The reduction of the amount of Pollutants, the elimination of Pollutants, or the alteration of the nature of Pollutant properties in Wastewater prior

to or in lieu of introducing such Pollutants into the POTW. This reduction or

alteration can be obtained by physical, chemical or biological processes, by process

changes, or by other means, but not by diluting the concentration of the Pollutants

unless allowed by an applicable Pretreatment Standard or Requirement.


39. Pretreatment Requirement: Any substantive or procedural requirement related to Pretreatment imposed on an Industrial User, other than a Pretreatment Standard.


40. Pretreatment Standard: Any regulation which applies to Industrial Users and contains Pollutant Discharge limits promulgated by EPA in accordance with the Act. This

term includes prohibitive Discharge limits pursuant to 40 CFR 403.5.


41. Properly Shredded Garbage: 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.


42. Publicly Owned Treatment Works (POTW): A "treatment works" as defined by Section 212 of the Act (33 USC 1292), which is owned by the City. 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



43. Receiving Stream: Any natural watercourse into which treated or untreated Wastewater is discharged.


44. Sanitary Wastewater: 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.


45. Sanitary Sewer: A Sewer which carries Wastewater and to which storm, surface and ground waters are not normally admitted.


46. Sewer: A pipe or a conduit for carrying Wastewater.


47. Significant Industrial User: Any Industrial User which: a. Is subject to Categorical Pretreatment Standards; or


b. Purchases, uses, or Discharges an average of 25,000 gallons per day or more

of water; or


c. Discharges a process wastestream which makes up 5 percent or more of the

average dry weather hydraulic or organic capacity of the Wastewater

Treatment Plant serving the said Industrial User; or


d. Accepts waste from another location outside the facility's boundaries for

treatment, storage or disposal; or


e. Is designated as significant by the Director on the basis that the Industrial

User has a reasonable potential for adversely affecting the POTW's

operations, for violating this Article or for violating Pretreatment Standards

or requirements.


48. Slug Discharge: Any Discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a non-customary Discharge.


49. Standard Laboratory Methods: Sampling and analytical techniques promulgated by EPA in 40 CFR Part 136.


50. State: The State of Missouri, including its agencies, and specifically the Department of Natural Resources.


51. Storm Sewer, Storm Drain: A Sewer which normally carries only storm and surface waters and drainage.


52. Storm water: Any flow resulting from any form of natural precipitation including snowmelt.


53. Suspended Solids (Non-filterable Residue): 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.


54. Toxic Pollutants: Those substances listed in regulations promulgated by EPA under the provisions of Section 307 (33 USC 1317) of the Act.


55. User: Any person who Discharges, causes or permits Discharge into the City's POTW.


56. Waste Treatment Facility: Any commercial facility accepting Industrial Wastes from another location outside the facility's boundaries for treatment, storage or disposal.


57. Wastewater or Sewage: A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such

ground, surface and storm waters as may be present, whether treated or untreated.


58. Wastewater Treatment Plant (WWTP) or Treatment Plant: 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.


Section 60-126. Accidental/slug discharge control plans.


A. The Director may require reasonable safeguards to prevent Discharge or leakage of any material stored in areas served by, or draining into, the POTW which could create a fire or an explosion hazard in the POTW or in any other way have a deleterious effect upon the POTW's facilities or treatment processes, or constitute a hazard to human beings or animals or the Receiving Stream.


B. The Director may require any Industrial User to develop and implement an accidental/Slug Discharge control plan. This plan shall include at least the following:


1. Description of Discharge practices, including nonroutine Batch Discharges;


2. Description and location of stored chemicals;


3. Procedures for immediately notifying the POTW of any accidental or Slug Discharge or any Discharge which violates Section 60-121 of this Article and for providing a

written report of such Discharge within five days of its occurrence. Such report shall

be submitted in accordance with Section 60-157 of this Article;


4. Procedures for permanently posting a notice in a conspicuous place in a common area of the Industrial User's premises advising employees whom to call in the event

of a Discharge described in Part A of this Section. Employers shall ensure that all

employees who may cause or suffer such a Discharge to occur are advised of the

emergency notification procedure; and


5. 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 plant site runoff, worker training, measures for containing materials, and/or

measures and equipment for emergency responses.




Approved as to form and legality:





Assistant City Attorney