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Article 6
Sec 7.06.017
Hauled Wastewater

A. The Department may provide treatment and disposal services for hauled wastes, including septic tank sludge, contents of cesspools and privy vaults, hazardous wastes, and other wastes. The Director shall have the authority to determine whether the waste is compatible with treatment plant operations and whether its discharge to the POTW will be accepted or denied. The Director may require the waste generator requesting treatment of its waste to undertake a compatibility study to determine whether its waste may be acceptable to the POTW.

B. The Director shall have the authority to determine the location, method, and allowable times for discharge of hauled waste to the POTW. Any discharge of trucked or hauled pollutants other than at designated discharge points is a violation of Section 7.06.005, paragraph "A.18", of this Article.

C. The Director may require haulers and/or generators of hauled wastes to obtain wastewater discharge permits in accordance with Section 7.06.014 of this Article.

D. Waste haulers using the treatment and disposal services of the Department shall be in compliance with all applicable bonding and licensing requirements imposed by the City of Independence and the State of Missouri and shall comply with the determinations made by the Director under paragraph "A" above. Hazardous waste generators and haulers transporting hazardous wastes to the POTW for treatment shall comply with all applicable requirements of 40 CFR Parts 260-270 and 10 CSR 25, as may be amended from time to time.

E. The Director may prohibit the disposal of hauled waste and shall have the authority to suspend or terminate treatment and disposal services to a waste hauler for cause and for durations determined by the Director.

F. No load of hauled industrial waste may be discharged without prior consent of the Director. The Director may collect samples of each hauled load to ensure compliance with applicable standards. The Director may require the waste hauler to provide a waste analysis of any load prior to discharge.

G. The Director may require waste generators and waste haulers to provide a wastetracking form for every load. This form may include, but is not limited to, the following information: The name and address of the waste hauler; permit number, truck identification; names and addresses of sources of waste; volume and characteristics of the waste; type of industry; known or suspected waste constituents; and whether any wastes are RCKA hazardous wastes.

H. The Director may establish charges necessary to recover the costs of treating and disposing of hauled waste and administering the hauled waste program.

I. The Director may establish additional requirements regarding hauled waste disposal in other documents pertaining to the City's approved pretreatment program, as may be amended from time to time. Nothing contained in this Article shall be construed as preventing the Director from accepting hauled waste of unusual strength or character for treatment, provided such waste does not violate applicable Federal categorical pretreatment standards. Hauled wastewater is subject to Local Limits, but not to the Specific Pollutant Limitations set forth in Section 7.06.007. The Director may grant to a generator of hauled waste, or person arranging for disposal of hauled waste, a waiver of Local Limits or of other requirements of this Article via a special agreement, provided that treatment of the hauled waste will not cause interference or pass through.

Sec 7.06.018
Miscellaneous Provisions

A. The City may adopt reasonable charges for reimbursement of costs for setting up and operating the City's pretreatment program which may include:

1. Charges for wastewater discharge permit applications including the cost of processing such applications; and,
2. An annual permit charge; and,
3. Charges for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a nondomestic user's discharge, and reviewing monitoring reports submitted by nondomestic users; and,
4. Charges for reviewing and responding to accidental discharge procedures and construction; and,
5. Charges for flling appeals; and,
6. Charges for treatment of hauled wastes; and,
7. Other charges as the City may deem necessary to carry out the requirements contained herein. These charges relate solely to the matters covered by this Article and are separate from all other charges, fines, and penalties chargeable by the City.

B. If any provision of this Article is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect.

C. In the event of a conflict between this Article and any other existing provisions of law or ordinance or rules or regulations previously adopted pursuant to law, where this Article imposes a greater restriction than the requirements imposed by such existing provisions of law, ordinance, rules or regulations, the provisions of this Article shall control. This Article does not preempt Federal or State law, but rather, may impose requirements more stringent than those otherwise required as a minimum pursuant to Federal or State laws or regulations.

D. Notwithstanding any other pretreatment provision to the contrary, nothing in this Article or elsewhere in the City's pretreatment program shall be deemed to be a legally binding commitment under the Clean Water Act, 33 U.S.C. 1251 et seq., the Missouri Clean Water Law, Sections 644.006 et seq. RSMo, and applicable regulations (40 CFR Part 403, 10 CSR 20-6.100), as may be amended from time to time, for the City to undertake pretreatment implementation or enforcement activities beyond the minimum otherwise required by these laws and regulations. Nevertheless, the City maintains its discretionary authority to undertake pretreatment activities beyond the minimum required.

E. Nondomestic users subject to pretreatment standards or requirements are hereby notified that they may be subject to requirements under Subtitles C and D of RCRA and under the Missouri Hazardous Waste Management Law.

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