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.
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;
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
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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