City Ordinance

Chapter 24

UTILITIES*

Art. I. In General, §§ 24-1 – 24-15
Art. II. Sewers, §§ 24-16 – 24-60
  Div. 1. Generally, §§ 24-16 – 24-35
  Div. 2. Charges and Billing, §§ 24-36 – 24-52
  Div. 3. Pretreatment Ordinance, §§ 24-53 – 24-60
Art. III. Franchise, §§ 24-61 – 24-64

*Cross Reference – Any ordinance fixing utility rates and charges not otherwise established in this Code saved from repeal, § 1-8(23); building and building regulations generally, Ch. 6; electric code, § 6-36 et seq.; plumbing code, § 6-56 et seq.; garbage and trash, Ch. 11; streets, sidewalks and other public places, Ch. 20; subdivision regulations generally, Ch. 21; design standards for utility easements in subdivisions, § 21-30; water lines and fire hydrants for subdivisions, § 21-110; other utility service improvements for subdivisions, § 21-111; enumeration of ordinances saved from repeal pertaining to utility franchises; App. C enumeration of ordinances saved from repeal pertaining to streets, alleys and easements, App. D, enumeration of ordinances saved from repeal pertaining to condemnation, appropriation of property, App. J.
State law reference – Municipal regulation of utilities, RSMo 71520 et seq.; Municipally owned utilities, RSMo Ch. 91.

ARTICLE I. IN GENERAL

Sec. 24-1. Sewer service charges.

A sewer service charge shall be levied on each sewer system user or contributor who discharges sewage, industrial wastewater, or other liquids either directly or indirectly into the city’s sewer system. Subject to the exceptions provided in this chapter, such charge shall be based upon the quantity of water used in or on the premises as the same is measured by a water or sewage meter or meters approved by the city. Additional charges for extra strength sewage, toxic pollutants, and wastewater monitoring shall be levied where applicable.
(Ord. No. 2720, § 1, 2-10-92)

Sec. 24-2 – 24-15. Reserved.

ARTICLE II. SEWERS*

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*Cross reference – Plumbing code, § 6-56 et seq,; garbage and trash, Ch 11; streets, sidewalks and other public places, Ch. 20 sanitary sewer improvements for subdivisions, § 21-107; storm, sewer improvements for subdivisions, § 21-108; sewer stub improvements for subdivisions, § 21-109.
State law reference – Municipal authority to establish sewerage system, RSMo 88.832 et seq, 250.010; city sewerage systems and waterworks, RSMo Ch. 250.

  DIVISIONS I. GENERALLY

Sec. 24-16. Definitions.

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have the meaning hereinafter designated:

Act or “the Act” the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U. S. C. 1251 et seq.

Approval authority. The director of the Missouri Department of Natural Resources and the regional administrator of the EPA.

Authorized representative of industrial user.

(1) A principal executive officer of at least the level of vice-president if the industrial user is a corporation; or

(2) A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; or

(3) A duly authorized representative of the industrial user having responsibility for overall operation or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company.

If a different individual or position takes over such responsibilities, a new authorization, in writing, satisfying the requirements of paragraph (1) (3) of 40 CFR part 403.12 must be submitted to the City of Warrensburg at the time of responsibility transfer.

Best engineering judgment (BEJ). The highest quality technical opinion developed by a user with consideration of all reasonable available and pertinent data or information which forms the basis for a decision to act.

Biochemical oxygen demand (BOD).The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at twenty (20) degrees centigrade expressed in terms of concentration (milligrams per liter (mg/l)).

Building sewer. A sewer conveying wastewater from the premises of a user to the POTW.

Categorical pretreatment standard or categorical standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. Section 1317) which apply to a specific category of users and which appear in 40 CFR Chapter 1, Subchapter N, Parts 405-471.

City. The City of Warrensburg, Missouri, or the City Council of Warrensburg.

Cooling water. The water discharge from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.

Combined sewer. A sewer receiving both surface runoff and sewage. Combined sewers shall not be allowed.

Control authority. The Water Pollution Control Division of the City of Warrensburg. Authority falls to the director of public works, the water pollution control division superintendent, and agents of the division to whom it is delegated.

Direct discharge. The discharge of treated or untreated wastewater directly to the waters of the State of Missouri.

Environmental Protection Agency, or EPA. The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

Existing source. Any source of discharge, the construction or operation of which commenced prior to the publication by the EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.

Grab sample. A sample which is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.

Holding tank waste. Any waste form holding tanks such as vessels, chemical toilets, campers trailers, septic tanks, and vacuum-pump tank trucks.

Indirect discharge or discharge. The discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) or (d) of the Act (33 U.S.C. 1317) into the POTW (including holding tank waste discharged into the system).

Industrial user. A source of indirect discharge which does not constitute a “discharge of pollutants” under regulations issued pursuant to Section 402 of the Act (33 U.S.C. 1342)

Instantaneous maximum allowable discharge limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatments processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city’s NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/ regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection Research and Sanctuaries Act.

Medical waste. Isolation wastes, infections agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

National Pollution Discharge Elimination System or NPEDES permit. A permit issued pursuant to Section 402 OF Act (33 U.S.C. 1342)

National prohibitive discharge standard or prohibitive discharge standard. Any regulation developed under the authority of Section 307(b) of the Act and 40 CFR, Section 403.5.

New source.

(1) Any building, structure, facility or installation from which there is or may be discharge or pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

a. The building, structure, facility or installation is constructed at a site at which no other source is located; or

b. The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c. The production or wastewater generating processes 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 in integrated with the existing plant, the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

(2) Construction on a site at which as existing source is located results in a modification rather than a new source if the construction does not create a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs (1)(b), or (1)(c) above but otherwise alters, replaces, or adds to existing process or production equipment.

(3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:

a. Begun, or cause to begin as part of a continuous on-site construction program; any placement, assembly, or installation of facilities or equipment, or, significant site preparation work including clearing, excavation, or removal of existing buildings, structures or facilities which is necessary for the placement, assembly or installation of new source facilities or equipment; or

b. Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this paragraph.

Non-contract cooling water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product or finished product.

Nonresidential users. All users other than residential users shall include all industrial, commercial, institutional, or multi-unit residential complexes served by a common water meter or meters.

Pass through. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES permit, including an increase in the magnitude or duration of a violation.

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. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the text. This definition includes all federal, state and local government entities.

pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.

Pollutant. Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor) discharged into water.

Pretreatment or treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater in a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a sewerage system. The reduction and alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR, Section 403.6(d).

Pretreatment requirements. Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standards, imposed on a industrial sewer.

Pretreatment standards or standards. Pretreatment standards shall mean prohibited discharge standard, categorical pretreatment standards, and local limits.

Prohibited discharge standards or prohibited discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 24-21(b) of this article.

Publicly owned treatment works or POTW. A “treatments of works”, as defined by Section 212 of the Act (33 U.S.C. Sec. 1292) which is owned by the City of Warrensburg. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any conveyance which convey wastewater to a treatment plant. For the purposes of this article “POTW” shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city’s POTW.

Residential users. Any users to the city’s sewer collection system whose structure is exclusively used for domestic dwelling purposes with no more than two (2) dwelling units on each separate water meter. Users of a portion of a structure which is separately metered for water use and is used exclusively as a dwelling are also classified as residential users. Residential users shall not include the users of hotels, motels, boarding houses, nursing homes, residential halls, or multi-unit residential complexes served by a common water meter or meters.

Septic tank waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Sewage. Human excrement and gray water (household showers, dish washing operations, etc.)

Shall is mandatory; may is permissive.

Significant industrial user. Any industrial users of the city’s wastewater disposal system who;

(1) Is subject to categorical standards; or

(2) Has a discharge flow of twenty-five thousand (25,000) gallons or more per average work day of process wastewater (excluding sanitary, noncontract cooling and bolder blow down wastewaters); or

(3) Has a flow greater than five (5) percent or more of the average day weather hydraulic or organic capacity of the POTW treatment plant; or

(4) Has in his wastes toxic pollutants as defined pursuant to Section 307 of the Act or Missouri Statutes and rules; or

(5) Is found by the city, Missouri Department of Natural Resources or the U.S. Environmental Protection Agency (EPA) to have significant impact, either singly or in combination with other contributing industries, on the wastewater system, the quality of sludge, the system’s effluent quality, or air emissions generated by the system.

Upon a finding that a user meeting this definition of a significant industrial user has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant user.

Slug load. Any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and or pollutant concentration which a user knows or has reason to know in the best engineering judgment of the user personnel, has a potential to cause interference to the POTW or result in pass through; and/or

A slug load occurs when any discharge has a flow rate or contains a concentration or quantities of pollutants exceeding for any time period longer then fifteen (15) minutes greater than or equal to five (5) times the average twenty-four-hour concentration, quantities, or flow during normal operations.

Standard industrial classification (SIC). A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.

State. State of Missouri.

Stormwater. Any flow occurring during or following any from of natural precipitation and resulting therefrom.

Superintendent. The person designated by the city to supervise the operation of the publicly owned treatment works and who is charged with certain duties and responsibilities by this article or his duly authorized representative.

Suspended solids. 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 pollutant. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under the provisions of CWA, Section 307(a) or other acts.

User or industrial user. Any person who contributes, causes or permits the contribution of wastewater into the city’s POTW, a source of indirect discharge.

Wastewater. The waste-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, together which may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.

Wastewater contribution permit. As set forth in section 24-56(d)(2) of this article.

Wastewater treatment plant or treatment plant. That portion of the POTW which is designated to provide treatment of municipal sewage and industrial waste.

Waters of the state. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation system, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within flow through, or border upon the state or any portion thereof.
(Ord. No. 2840, § 2, 5-10-93)
Editors note – Section 1 of Ord. No. 2840, adopted May 10, 1993, repealed § 24-16 in its entirety. Formerly, § 24-16 pertained to definitions and derived from § 27-30 of the 1970 Code and § 2 of Ord. No. 2720, adopted Feb. 10, 1992. Section 2 of Ord. No. 2840 provided for the addition of a new § 24-16 as herein set out.
Cross reference – Definitions and rules of construction generally, § 1-2.

Sec. 24-17. Use of public sewers required.

(a) The city council shall have the power to construct, operate and maintain a sewer system and shall have the power to create sewer districts and joint sewer districts, to apportion the costs thereof and to levy tax and issue tax powers regarding sewer and sewer districts as are now given, or may be given, to cities of the third class under the laws of the state.

(b) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excreatment, garbage or other objectionable waste.

(c) It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewer or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.

(d) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

(e) The owner of any structure used for human occupancy, employment or recreation, which is located within a platted area of the city and whose property line is within one hundred (100) feet of a public sanitary sewer, shall connect all sanitary sewer drains from such structure directly to the public sanitary sewer.
(Code 1970, § 27-31; Ord. No. 2769, § 1, 8-10-92)

Sec. 24-18. Private sewage disposal generally.

(a) Generally. Where a public sanitary sewer is not available under the provisions of section 24-17(e), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

(b) Permit. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the building official. The application for such permit shall be made on a form furnished by the city, which the applicant shall supplement by any plans, which specifications and other information as is deemed necessary. A permit and inspection fee of ten dollars ($10.00) shall be paid to the city at the time the application is filed.

(c) Inspection. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the building official. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the city officials when the work is ready for final inspection, and before any underground proportions are covered. The inspection shall be made within twenty-four (24) hours of the receipt of notice by the city officials.

(d) Compliance with state standards. The type, capacities, location and layout of a private sewage disposal system shall comply with all recommendations of the state division of health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than fifteen thousand (15,000) square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

(e) At such time as a public sanitary sewer become available to a structure used for human occupancy, employment or recreation, which is being served by a private sewage disposal system and is located within a platted area of the city, the owner shall connect all sanitary sewage drains from such structure directly to the public sanitary sewer within ninety (90) days of receipt if notification of sewer availability from the city. The private sewage disposal system shall either be abandoned, cleaned or sludge and filled with gravel, or be removed.

(f) Sanitation. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(g) Additional health requirements. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the building official.
(Code 1970, § 27-32; Ord. No. 2769, §§ 2, 3, 8-10-92)
State law reference – Municipal authority to regulate private sewers, RSMo 88.842.

Sec. 24-19. Building sewers and connections.

(a) Permit. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the building official.

(b) Connection fees. An applicant for sewer system services shall complete the requested application form and tender it together with the fee established by resolution of the city council to the building official, or his designee.

(c) Costs borne by owner. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly by occasioned by the installation of the building sewer.

(d) Each building served by separate sewer. A separate and independent building sewer shall be provided for every building; except where one (1) building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one (1) building sewer.

(e) Use of old building sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the building official to meet all requirements of this article.

(f) Construction standards. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, joining, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of such code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9 shall apply.

(g) Elevation. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(h) Illegal connections. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Whenever unlawful connections of roof drains, areaway drains, yard or court drains, foundation drains, any drains whatsoever which will permit, allow or cause any storm or surface or ground water to enter the sewer system or any connection of any septic tank, cesspool or sewage tank, shall be found to exist, such unlawful connection shall be broken and the use discontinued within the (10) days after notification to break such connection. With reasonable frequency, the director of public works shall make inspections of buildings within the city and shall compile a list of all properties connected to the sewer system in violation of the provisions of this article, and the director shall give written notice to the property owners to abate such violation. If such violation is not abated within the (10) days following the mailing of such notice by certified or registered mail, the city shall have the right to make, or have made such alterations as may be deemed necessary by the building official to meet the requirements of this article, and all costs thereof shall be recoverable from the owner of such property in a court of competent jurisdiction.

(i) Connection specifications. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation form the prescribed procedures and materials must be approved by the building official before installation.

(j) Placement of pipes restricted. It shall be unlawful for any person to place any pipe or conduit which carries, or is intended to carry sewage, in the same trench or ditch with a pipe or conduit which carries or intended to carry, a portable water supply. In every case where a water line and sewer line are parallel, the water line shall be at least ten (10) feet horizontally from and at a higher elevation than the sewer line. Where it is not possible to meet such conditions, or where for any reason unusual circumstances, present a potential or actual hazard to a portable water supply, the director of public works shall be notified in writing and plans submitted showing the precautions which are to be taken to minimize the hazard to the portable water supply. In no case shall the work proceed until the plans for protecting the water supply have been approved in writing by the building official.

(k) Notice for inspectors. The applicant for the building sewer permit shall notify the building official when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the building official.

(l) Safeguarding excavations. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
(Code 1970, §§ 27-33, 27-24(c); Ord. No. 2720, § 3, 2-10-92; Ord. No. 3294, § 1, 1-12-98)

Sec. 24-20. Service outside the city limits.

No person or entity shall be allowed to connect to the city’s sewer system except that the connection be approved by the city council in accordance with policies and procedures that it shall adopt and amend from time to time, and upon payment of a fee for connection as is established by resolution of the city council.
(Code 1970, § 27-34(l); Ord. No. 2720, § 4, 2-10-92; Ord. No. 2770, § 1, 8-10-92; Ord. No. 4001, § 1, 3-14-05)

Sec. 24-21. Discharge restrictions in use of public sewers.

(a) Stormwater and other unpolluted waters. No person shall discharge or cause to be discharged any storm water, surface water, ground-water, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the control authority. Industrial cooling water or unpolluted process water may be discharged, on approval of the control authority, to a storm sewer or natural outlet.

(b) Permanently prohibited discharges. No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewer:

(1) General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general provisions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or other national, state or local pretreatment standards or requirements.

(2) Specific prohibitions. The following specific prohibitions apply to all users of the POTW. No user shall introduce or cause to be introduced the following pollutants, substances or wastewater:

a. Pollutants which create a fire or explosive hazard in the POTW or wastewater collection system, including, but not limited to, waste streams with a closed-cup flash point of less than one hundred forty (140)degrees Fahrenheit (sixty(60) degrees centigrade) using the test methods specified in 40 CFR 261.21;

b. Wastewater having a Ph less than 5.0 or more than 9.0 or otherwise causing corrosive structural damage to the POTW, collection system, or equipment;

c. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one-half (1/2) inch or one and twenty-seven hundredths (1.27) centimeters in any dimension or any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower or greater shall be subject to the review and approval of the control authority. If any pollutants result in a concentration of three hundred (300) parts per million by weight suspended solids, where necessary in the opinion of the control authority, the owner shall provide at his expenses, such preliminary treatment as may be necessary to reduce the suspended solids loading to or control the quantities and rates of discharge of such waters or wastes, as the case may be. Plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the control authority and no construction of such facilities shall be commenced until such approvals are obtained in writing.

d. Any water or wastes, including oxygen-demanding pollutants release in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW. Where necessary in the opinion of the control authority, the owner shall provide, at his expense, such preliminary treatment as may be necessary to reduce the biochemical oxygen demand to three hundred (300) parts per million by weight, or control the quantities and rates of discharge of such waters and wastes, as the case may be. Plans, specifications and other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the control authority and no construction of such facilities shall be commenced until such approvals are obtained in writing.

e. Any liquid or vapor resulting in a temperature which will inhibit biological activity in the treatment plant, resulting in interference, but in no cause wastewater which causes the temperature at the point of introduction to the treatment plant to exceed one hundred four (104) degrees Fahrenheit (forty (40) degrees centigrade);

f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the POTW. A toxic pollutant shall include, but not be limited to any pollutant identified pursuant to Section 307(a) of the Act;

h. Any wastewater containing trucked or hauled waste unless approved by the control authority and limited to designated discharge points;

i. Any noxious, toxic, or malodorous liquids, gases, or solids which, either single or by interaction with other wastes, are sufficient to create a public nuisance or hazard to life, cause toxic gases, vapors or fumes which pose a threat to worker health and safety, or are sufficient to prevent entry into the sewers for maintenance and repair;

j. Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the city’s NPDES permit;

k. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the control authority or represent noncompliance with applicable state and federal regulations

l. Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontract cooling water, and unpolluted water, unless specifically authorized by the control authority;

m. Sludges, screenings, or other residue from the pretreatment of industrial wastes.;

n. Medical wastes except as specifically authorized by the control authority in a wastewater discharge permit;

o. Any substance causing, alone or in conjunction with other sources, the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards or to fail a toxicity test.

p. Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;

q. Any water or waste containing fats, wax, grease or oils or animal or vegetable origin, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees Fahrenheit and one hundred fifty (150) degrees Fahrenheit (zero (0) degrees and sixty-five (65) degrees centigrade);

r. Wastewater causing two (2) readings on a explosion hazard meter at the point of discharge into the system (or at a point in the system) of more than five (5) percent or any single reading over ten (10) percent of the lower explosive limit of the meter;

s. Any substance which may cause the POTW’s effluent, or any other product of the POTW such as residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used;

t. Materials which exert or cause (a) unusual concentrations of inert suspended solids, such as, but not limited to, Fullers earth, limes slurries and lime residues, or of dissolved solids, such as but not limited to sodium chloride and sodium sulfate; (b) unusual BOD, chemical oxygen demands or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works; and, (c) unusual volume of flow or concentrations of wastes constituting sludge.

u. Waters or wastes containing substances which are not amendable to treatment or reduction by the sewage treatment processes employed, or are amendable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(c) Immediate notification required if any permanently prohibited discharge is accidentally discharged to a sewer. Any person causing or being aware of the release of a permanently prohibited discharge to a city sewer must be immediately notify the City of Warrensburg Water Pollution Control Division (Monday through Friday, 7:00 a.m. to 4:00 p.m., or Johnson County Criminal Justice Center Dispatch and any other time including holidays.)

(d) Control authority to determine need for prevention plan; elements of plan. When the control authority determines that a user is contributing to the POTW, any of the above-enumerated substances in such amounts as to interfere with the operation of the POTW, the control authority shall (a) advise the user of the impact of the contribution of the POTW, and (b) develop effluent limitations for such user to correct the interference with the POTW, and (c) evaluate need for hazardous waste notification to determine whether such users need a plan to handle and prevent accidental spills or nonroutine batch discharges. If the control authority decides that such a plan is warranted, it must contain, at a minimum, the following elements:

(1) Description of discharge practices, including nonroutine batch discharges;

(2) Description of stored chemicals;

(3) Procedures for promptly notifying the POTW of slug discharges as defined under 40 CFR 403.5(b), with procedures for follow-up written notification within five (5) days;

(4) Any necessary procedures to prevent accidental spills, including maintenance of storage areas, handling and transfer of materials, loading and unloading operations, and control of plant site run-off;

(5) Any necessary measures for building any containment structures or equipment;

(6) Any necessary measure for controlling toxic organics (including solvents);

(7) Any necessary procedures and equipment for emergency response;

(8) Any necessary follow-up practices to limit the damage suffered by the treatment plant or the environment.

(e) Options of the control authority If substances enumerated above are introduced to the wastewater treatment system which in the judgment of the control authority may have a deleterious effect upon the sewage works, processes equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the control authority may:

(1) Reject the waste;

(2) Require pretreatment to an acceptable condition for discharge to the public sewers;

(3) Require control over quantities and rates of discharges;

(4) Require payment to cover the added cost of handling and treatment the wastes not covered by existing taxes or sewer charges under the provisions of subsection (i).
{If} the control authority permits the pretreatment or equalization of wastes flows, the design and installation of the plants and equipment shall also be subject to the review and approval of the control authority, and subject to the requirements of all applicable codes, ordinances and laws.

(f) Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the control authority, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the control authority and shall be located as to be readily and easily accessible for cleaning and inspection.

(g) Preliminary treatment. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

(h) Control structure. When required by the control authority, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the control authority. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

(i) Measurements, tests and analyses. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in the article shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater.” Published by the American Public Health Association and shall be determined at the control manhole provided, or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty-four hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from a twenty-four-hour composite of all outfalls whereas pH’s are determined from periodic grab samples.
(Ord. No. 2840, § 2, 5-10-93)
Editor’s note – Section 1 of Ord. No. 2840, adopted May 10, 1993, repealed § 24-21 in its entirety. Formerly, § 24-21 pertained to discharge restriction in use of public sewers and derived from § 24-34(A), (B), (D) – (K) of the 1970 Code and §§ 1 and 11 of Ord. No. 2438, adopted Sep. 12, 1988. Section 2 or Ord. No. 2840 provided for the addition of a new § 24-21 as herein set out.

Sec. 24-22. Tampering with facilities.

It is unlawful for any unauthorized person to tamper with, connect or reconnect to, the sanitary sewer system of the city.
(Code 1970, § 27-35; Ord. No. 2720, § 5, 2-10-92)

Sec. 24-23. Powers and authority of inspectors.

(a) The director of public works, the building official and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this article. Neither the director nor the official shall have the authority to inquire into any process including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

(b) While performing the necessary work on private properties referred to in subsection (a), the director of public works or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 24-21(h).

(c) The director of public works and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observations, measurements, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(Code 1970, § 27-36)

Sec. 24-24. Reserved.

Editor’s note – Ord. No. 2438, § 12, adopted Sept 12, 1988, repealed § 24-24, which pertained to violations and penalties and derived from Code 1970, § 24-38.

Secs. 24-25 – 24-35. Reserved.

  DIVISION 2. CHARGES AND BILLING*

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*State law reference – municipal sewage service charges, RSMo 71.715

Sec. 24-36. Owner and occupant jointly and severally liable.

The occupant and user of the premises receiving sewer service, or the owner of such premises, shall be jointly and severally liable to pay for such services rendered on such premises. The city shall have the power to sue the occupant or the owner, or both, of such real estate in a civil action to receive any sum or sums due for such services, plus a reasonable attorney’s fee to be fixed by the courts.
(Code 1970, § 27-19; Ord. No. 3304, §§ 1, 2, 3-9-98)
State law reference – Sewage services deemed furnished both to occupant and owner of premises, RSMo 250.140

Sec. 24-37. No fee service to be furnished.

No sewer service shall be furnished or rendered free of charge to any person by the city.
(Code 1970, § 27-11)

Sec. 24-38. Reserved.

Editor’s Note – Ord. No. 3759, § 1, adopted Nov 18, 2002, repealed § 24-38, which pertained to security deposits for new sewer accounts and derived from Ord. No. 3160, § 1, adopted July 11, 1996; Ord. No. 3393, § 1, adopted Nov. 9, 1998.

Sec. 24-39. Sewer charges, generally.

The city’s operational expenses, debt service charges and sewer coverage requirements shall be evaluated annually to establish sewer charges sufficient to produce revenues to meet these requirements.
(Code 1970, § 27-13; Ord. No. 2720, § 6, 2-10-92; Ord. No. 2817, § 3, 2-22-93; Ord. No. 3160, § 2, 7-22-96; Ord. No. 3478, §§ 1, 2, 10-11-99; Ord. No. 3759, § 2, 11-18-02)

Sec. 24-39.1. Sewer service and volume changes.

(a) The service charges for residential users using two hundred (200) or less cubic feet of water per billing cycle shall be charged a flat rate as set by separate ordinance of the city council.

(b) The service for all other residential users of more than two hundred (200) cubic feet of water billed per billing cycle shall be charged a service charge as set by separate ordinance of the city council.

(c) For residential users only, the sewer volume charge shall be based upon winter month’s average volume. The winter month’s average water volume is determined, for purposes of this section, by water usage during the full months of January, February and March.

(d) The winter month average volume shall be calculated each year and the new average used on the monthly bills with the first month following the March billing cycles. The same charge shall remain in effect for twelve (12) months after which the average is calculated again.

(e) If a residential user has not established a winter month’s average, the volume charge shall be based upon a rate of eight hundred (800) cubic feet of water billed per billing cycle, per residential unit.

(f) If a customer uses sufficient amount of water which is not discharged into the sewer system, such user may obtain a separate water company for the water used for non-sewer purposes and exempt such meter from sewer charges.
(Ord. No. 3759, § 3, 11-18-02)

Sec. 24-40. Water meter required.

(a) If the property served by the sanitary sewer systems does not have a water meter installed on the premises measuring all water received from any source, then the user shall install, at his expense, a water meter of a type approved by the sewer superintendent, or his designee, to measure the water usage. As a condition to the continued usage of the sewer system, the user must permit representatives from the city to have reasonable access to the premises for purposes of inspection, testing and recording the meter readings.

(b) Any single-family dwelling or duplex not having a water meter installed will be billed the average sewer charges for residential users.
(Ord. No. 2720, § 8, 2-10-92; Ord. No. 3294, § 2, 1-12-98)
Editor’s note – Section 7 of Ord. No. 2720, adopted Feb. 10, 1992, repealed § 24-40 in its entirety Formerly § 24-40 pertained to maximum charge for sewer service for single dwelling unit and derived from § 27-14 of the 1970 Code. Section 8 of Ord. No. 2720 added a new § 24-40 as herein set out.

Sec. 24-41. Sewer charges, commercial usage.

(a) For all commercial users a monthly service fee shall be charged based upon the size of the water meter serving the establishment in addition to the volume charge.

(b) The month service fees shall be established for the following size water meters:

(1) For meters of less than one (1) inch.

(2) For meters greater than one (1) inch and less than four (4) inches.

(3) For meters greater than four (4) inches.

(c) The service fee charged hereunder shall be as set by separate ordinance of the city council.
(Ord. No. 2720, § 9, 2-10-92; Ord. No. 3759, § 4, 11-18-02)

Sec. 24-42. Surcharges for disposal of extra strength sewage.

(a) For the purposes of this division, permissible concentrations of suspended solids in sewage shall not exceed three hundred (300) parts per million and BOD shall not exceed three hundred (300) parts per million.

(b) The normal rates and charges for the use and service of the sewer system are as outlined in section 24-38 to section 24-41.

(c) When the suspended solids content or the BOD of a waste exceeds the maximum concentrations of these components in normal sewage, a surcharge will be as set by resolution of the city council to be charged per pound of excessive BOD or suspended solids shall be paid at the time the sewer charges are paid.

(d) The formula for calculating the surcharge is as follows:

S (BOD) = (BOD – 300) x Va x 8.34 the surcharge rate per pound

(e) The formula for calculating the surcharge based on excessive suspended solids shall be as follows:

Sss = (SS – 300) x Va x 8.34 the surcharge rate per pound.
(Code 1970, § 27-37; Ord. No. 3759, § 5, 11-18-02)

Sec. 24-43. Reserved.

Editor’s note – Ord. No. 3759, § 6, adopted Nov. 18, 2002, repealed § 24-43, which pertained to sewer system users being notified annually of rates and derived from Code 1970, § 27-22, and Ord. No. 1989, § 2, adopted Sept. 9, 1980.

Sec. 24-44. Delinquent payments.

(a) Payments for sewer bills shall be due within ten (10) days from the billing date and be delinquent after twenty-one (21) days.

(b) An additional chare of ten (10) percent shall be added to the unpaid balance per billing cycle.

(c) At the option of the city, water services to the premises involved may be disconnected and shall not be reconnected until all past due and unpaid bills for sewer services are paid in full, together with the actual costs and expenses incurred by the city in disconnecting and reconnecting such facilities.
(Code 1970, § 27-18; Ord. No. 3759, § 7, 11-18-02)

Sec. 24-45. Manner of billing.

(a) The city may enter into a contract with an outside service to provide sewer billing services to customers.

(b) The actual expenses for the billing services may be passed to the customer.

(c) The city collector shall cause sewer bills for sewer service, other than those collected by another agency, to be rendered monthly as services accrue.
(Code 1970, § 27-17; Ord. No. 3759, § 8, 11-18-02)

Sec. 24 – 24-52. Reserved.

  DIVISION 3. PRETREATMENT ORDINANCE*

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* Editor’s note – Ord. No. 2232, §§ 1 – 6, adopted July 8, 1985, did not specify manner of codification; hence, said §§ 1—6 have been herein as Div. 3, §§ 24-53 – 24-58, at the editor’s discretion

Sec. 24-53. General provisions.

(a) Purpose and policy. This ordinance [division] sets forth uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the City of Warrensburg, Missouri, and enables the city to comply with all applicable state and federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403.)
The objectives of this ordinances [division] are:

(1) To prevent the introduction of pollutants into the municipality wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.

(2) To prevent the introduction of pollutants into the municipal wastewater system which will pass through the system, inadequately treated, into the receiving waters or the atmosphere or otherwise be incompatible with the system;

(3) To improve the opportunity to recycle and reclaim wastewater and sludge from the system; and

(4) To provide for equitable distribution of the cost of the municipal wastewater system.

This ordinance [division] provides for the regulation of direct and indirect contributors to the municipal wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer’s capacity will not be preempted, and provides for the setting of fees for the distribution of costs resulting from the program established herein.

This ordinance [division] shall apply to the City of Warrensburg and to person outside the city who are, by contract or agreement with the city, users of the city sewer system and treatment works. Except as otherwise provided herein, the control authority shall administer, implement and enforce the provisions for this ordinance [division].

(b) Abbreviations. The following abbreviations shall have the designated meanings:

BOD – Biochemical oxygen demand

CFR – Code of Federal Regulations.

COD – Chemical oxygen demand.

EPA – Environmental Protection Agency.

l – Liter.

mg – Milligrams.

mg/l – Milligrams per liter.

NPDES – National Pollutant Discharge Elimination System.

POTW – Publicly owned treatment works.

ppm – Parts per million.

SIC – Standard industrial classification.

SWDA – Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.

TSS –Total suspended solids.

USC – United State Code.
(Ord. No. 2840, § 3, 5-10-93)
Editor’s note – Section 1 of Ord. No. 2840, adopted May 10, 1993, repealed § 24-53 in its entirety. Formerly, § 24-53 pertained to general provisions and derived from § 1(1.1-1.3) of Ord. No. 2232, adopted July 8, 1985. Section 3 of Ord. No. 2840 provided for the addition of a new § 24-53 as herein set out.

Sec. 24-54. Regulations.

(a) Federal categorical pretreatment standards. Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this ordinance [division] for sources in that subcategory, shall immediately supersede the limitations imposed under this ordinance [division]. The control authority shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. These requirements are presented to the categorical user in the wastewater discharge permit issued by the control authority.

(b)Reserved.

(c) Specific pollutant limitations. Based on the loading capabilities of the POTW’s local limits are specific to each categorical industry. These limits are presented in the industries wastewater discharge permit.

No person shall discharge wastewater containing in excess of:

1.0 mg/l arsenic

1.5 mg/l cadmium

4.0 mg/l copper

1.0 mg/l cyanide

1.0 mg/l lead

1.0 mg/l mercury

4.0 mg/l nickel

1.0 mg/l silver

6.0 mg/l total chromium

4.0 mg/l zinc

(d) State requirements. State requirements and limitations on discharges shall apply in any case where they are more stringent than federal requirements and limitations of those in this ordinance [division].

(e) City’s right of revision. The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in section 24-21 of this article.

(f) Excessive discharge. No user shall ever increase the use of process water or, in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards, or any other pollutant-specific limitation developed by the city or state.

(g) Notice of potential problems including slug loadings. All categorical and noncategorical users shall notify the POTW immediately of all discharges that could cause problems to the POTW including and slug loadings by the industrial user.

(h) Accidental discharge. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this ordinance [division]. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or users own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. No user who commences contributing to the POTW after the effective date of this ordinance [division] shall be permitted to introduce pollutants into the system until accidental discharge procedure have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this ordinance [division]. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

(i) New source compliance. New source shall install and have in operating condition, and shall “start-up” all pollution control equipment required to meet applicable pretreatment standards before beginning discharge. Within the shortest feasible time (not to exceed ninety (90) days, new sources must meet all applicable pretreatment standards.

(j) Written notice. Within five (5) days following an accidental discharge, the user shall submit to the control authority a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences, Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person of property; not shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this ordinance [division] or other applicable law.

(k) Notice to employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notifications procedure.
(Ord. No. 2840 § 4, 5-10-93)
Editor’s note – Section 1 of Ord. No. 2840, adopted May 10, 1993, repealed § 24-54 in its entirety. Formerly, § 24-54 pertained to regulations and derived from § 2(2.1-2.8) of Ord. No. 2232, adopted July 8, 1985, and §§ 2, and 13 of Ord. No. 2438, adopted April 12, 1988, Section 4 of Ord. No. 2840 provided for the addition of a new § 24-54 as herein set out.

Sec. 24-55. Fees.

(a) Purpose. It is the purpose of this section to provide for the recovery of costs from users of the city’s wastewater disposal system of the implementation of the program established herein. The applicable charges or fees shall be set forth in the city’s schedule of charges and fees.

(b) Charges and fees. The city may adopt charges and fees which may include:

(1) Fees for reimbursement of costs of setting up and operating the city’s pretreatment program;

(2) Fees for monitoring, inspections and surveillance procedures;

(3) Fees for reviewing accidental discharge procedures and construction;

(4) Fees for permit applications;

(5) Fees for filling appeals;

(6) Fees for consistent removal (by the city) of pollutants otherwise subject to federal pretreatment standards;
(7) Other fees as the city may deem necessary to carry out the requirements contained herein.

These fees relate solely to the matters covered by this ordinance and are separate from all other fees chargeable by the city.
(Ord. No. 2232, § 3(3.1, 3.2), 7-8-85)

Sec. 24-56. Administration.

(a) Wastewater discharges. It shall be unlawful to discharge any wastewater without a city permit to any natural outlet within the City of Warrensburg, or to any area under the jurisdiction of the city, or to the POTW (except as authorized by the city council in accordance with the provisions of this ordinance [division]).

(b) Requirements for industrial users not subject to pretreatment categorical standards. Significant noncategorical users shall submit to the City of Warrensburg at least once every six (6) months (by the last day of July for the first six (6) months) a description of the nature and concentration of pollutants required by the City of Warrensburg. Sampling and analysis for these reports shall be performed in accordance with the techniques described in 40 CFR part 136 and amendments thereto. Users may be required to test for pollutants not covered by this document in which case validated analytical methods may be used where approved by the control authority.

(c) Notification of changed discharge. All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR part 403.12(p).

(d) Wastewater contribution permits.

(1) General permits. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW.

(2) Permit application. Significant industrial users required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city and accompanied by a fee of ten dollars ($10.00) per year.

As per the wastewater discharge permits issued to existing categorical industries, application for permit renewal must be submitted ninety (90) days prior to expiration of the existing permit. Proposed new users of the existing permit. Proposed new users shall apply ninety (90) days prior to connecting to or contributing to the POTW. In support of the application, the new user shall submit in units and terms appropriate for evaluation, the following information:

a. Name, address, and location (if difference than address);

b. SIC number according to the Standard Industrial Classification Manual, bureau of the Budget, 1972, as amended;

c. Wastewater constituents and characteristics including but not limited to those mentioned in section 24-54 of this ordinance [division] as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended.

d. Time and duration of contribution;

e. Average daily and peak wastewater flow rates, including daily, monthly and seasonal variation, if any;

f. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connection, and appurtenances by the size, location and elevation.

g. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;/p>

h. Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

i. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest practical schedule by which the user will provide such additional pretreatment shall be imposed. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

2. No increment referred to above shall exceed nine (9) months.

3. No later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the control authority including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no even shall more than nine (9) months elapse between such progress reports to the control authority.

j. Each product produced by type amount, process or processes and rate or production;

k. Type and amount of raw materials process (average and maximum per day);

l. Number and type of employees, and hours and operation of plant and proposed or actual hours of operation of pretreatment system;

m. Any other information as may be deemed by the city to be necessary to evaluate the permit application.

The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the date furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided herein.

(3) Permit modifications. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by section 24-56(d)(2), the user shall apply for a wastewater contribution permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the control authority within one hundred eighty (180) days after the promulgation of an applicable federal categorical pretreatment standard the information required by paragraphs (h) and (i) of section 24-56(d)(2).

(4) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this ordinance [division] and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:

a. The unit charge or schedule of users charges and fees for the wastewater to be discharged to a community sewer;

b. Limits on the average and minimum wastewater constituents and characteristics;

c. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

d. Requirements of installation and maintenance of inspection and sampling facilities;

e. Specifications for monitoring programs which may include sampling location, frequency of sampling, number, types, and standards for tests and reporting schedule;

f. Compliance schedules;

g. Requirements for submission of technical reports or discharge reports (see section 24-56(e));

h. Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater system;

i. Requirements for notification of slug discharges as per section 24-57(d);

j. Other conditions as deemed appropriate by the city to ensure compliance with this ordinance.

(5) Permit duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in section 24-54 are modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonably timed schedule for compliance.

(6) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be assigned, transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(e) Reporting and recordkeeping requirements for permittee.

(1) Compliance date report. Within ninety (90) days following the date for final compliance with applicable pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements shall submit to the control authority a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user having responsibility for overall operation or a position of equivalent responsibility, or having over all responsibility for environmental matters for the company. If a different individual or position takes over such responsibilities, a new authorization, in writing, satisfying the requirements of paragraph (1)(3) or 40 CFR 403.12 must be submitted to the City of Warrensburg at the time of responsibility transfer.

(2) Periodic compliance reports.

a. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the control authority during the months of June and December, unless required more frequently in the pretreatment standard or by the control authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. Sampling for all periodic compliance reports must be preformed during the period covered by the report. In addition, this report shall include a record of all daily flows which during the reporting period exceed the average daily flow reported in section 24-56 (d)(2)(e). If any pollutant required to be tested for in the wastewater discharge permit is monitored more frequently than required by said permit, the results of such monitoring shall be submitted to the City of Warrensburg. At the discretion of the control authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the control authority may agree to alter the months during which the above reports are the be submitted. Written reports will be deemed to have been submitted on the date postmarked.

b. The city may impose mass limitations on users in cases where such imposition is appropriate. In such cases, the report required by section 24-56(e)(2) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where requested by the control authority, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the applicable pretreatment standard and set forth in the wastewater discharge permit issued to the categorical industrial user. All analyses shall be performed in accordance with procedures established by the administrator pursuant to Section 304 (g) of the Act and contained in the 40 CFR, Part 136, and amendments thereto, or with any other test procedures approved by the administrator. Additionally, sampling techniques for categorical industries shall adhere to revisions set forth in 40 CFR Part 403.12(b)(5). Sampling shall be performed in accordance with the techniques approved by the administrator.

c. Violations. Categorical users must report all violations of their wastewater discharge permits to the city within twenty-four (24) hours. In addition, the sampling and analysis mist be repeated and the results submitted to the city within thirty (30) days. If the violation of their discharge permit involves a slug load, immediate notification of the city must be carried out. During normal business hours the City of Warrensburg should be notified by telephone. At all other times the City of Warrensburg should be notified by telephone through Johnson County Central Dispatch. The notification shall include location of discharge, date and time thereof, type of waste, best possible estimates of concentration and volume, and corrective actions taken. Upon verification of concentration and volume, the permittee shall inform the City of Warrensburg of actual values.

d. Recordkeeping. Users subject to the reporting requirements of this ordinance [division] shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance [division] and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person taking the samples, the date the analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the City of Warrensburg, or where the user has been specifically notified of a longer retention period by the superintendent.

e. Monitoring facilities. The city shall require to be provided and operated at the user’s own expense, monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems.

The monitoring facility should normally be situated on the user’s premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by a landscaping or parked vehicles.

There shall be ample room in or near such sampling manhole of facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and properly operating condition at the expense of the user.

Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city’s requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the city.

f. Inspection and sampling. The city shall inspect the facilities of any user to ascertain whether the purpose of this ordinance [division] is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city’s representative ready access at all reasonable times to all parts of the premises for the purposes of inspections, sampling, records examination and copying, or in the performance of any of their duties. The city, approval authority and EPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require property identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that upon presentation of suitable identification personnel from the city, approval authority and the EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

g. Control of slug discharges. The city will evaluate SIU’s at least once every two (2) years to determine if a need exists for a plan to control slug discharges. For purposes of this ordinance [division], a slug discharge is any discharge of a nonroutine, episodic nature including but not limited to accidental spills, noncustomary batch discharges, discharges having a flow rate or containing concentrations or quantities of pollutants that exceed for any time period longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration, quantities or flow during normal operations.

A plan to control slug discharges shall contain, at a minimum, the following elements:

1. Description of discharge practices including nonroutine batch discharges;
2. Description of stored chemicals;
3. Procedures for immediately notifying the control authority of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five (5) days.
4. If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

h. Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this ordinance [division] and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user’s expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plants and operating procedures will in no way relieve the user form the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this ordinance [division]. Any subsequent change in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.

i. Confidential information. Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information divulges information, processes or methods of production entitled to protection as trade secrets of the user.
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection, by the public but shall be made available upon written requests to governmental agencies for uses related to this ordinance [division’, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment programs, provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

j. Publication of violations. The City of Warrensburg shall publish, at least annually, in the largest daily newspaper located in the city, a list of industrial users found to have committed a significant violation of applicable pretreatment standards and requirements during the previous twelve (12) months. A significant violation shall be defined as significant noncompliance (SNC) and shall exist when one (1) of the following shall occur:

1. Violations of wastewater discharge limits.

(i) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(ii) Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC. There are two (2) groups of TRC’s :
Group I for conventional pollutants BOD, TSS, fats, oil and grease ….TRC = 1.4
Group II for all other pollutants (except pH) ………. TRC = 1.2
(iii) Any other violation of a pretreatment effluent limit (daily maximum or longest-term average) that the control authority determines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass through (including endangering the health of the POTW personnel or the general public);
(iv) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority (under section 24-57 of this Code and 40 CFR Section 403.8 paragraph (f)(1)(vi)(b) to halt or prevent such discharge.

2. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone, contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

3. Failure to provide within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self monitoring reports, and reports on compliance with compliance schedules;

4. Failure to accurately report noncompliance;

5. A violation not related to a compliance schedule which remains uncorrected forty-five (45) days after notification of noncompliance;

6. Any other violation or group of violations that the control authority determines will adversely affect the operation or implementation of the local pretreatment programs.

The public notice may include additional information such as duration of violation, nature of the violation, compliance action taken, and whether the user is currently in compliance.
(Ord. No. 2840, § 5, 5-10-93)

Editor’s note- Section 1 of Ord. No. 2840, adopted May 10, 1993, repealed § 24-56 in its entirety. Formerly, § 24-56 pertained to administration and derived from § 4(4.1-4.7) of Ord. No. 2232, adopted July 8, 1985, and §§ 3, 5, 9, and 10 of Ord. No. 2438, adopted Sep 12, 1988. Section 5 of Ord. No. 2840 provided for the addition of a new § 24-56 as herein set out.

Sec. 24-57. Enforcement.

Enforcement of violations is in accordance with the Enforcement Response Plan of the City of Warrensburg’s Industrial Pretreatment Program. This document lists possible violations and a hierarchy of enforcement options for such violations:

(1) Control authority inspection and sampling of significant industrial users. The control authority will randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards, and inspect and sample the effluent from each significant industrial user at least once a year. The control authority will also evaluate, at least once every two (2) years, whether each such significant industrial user needs a plan to control slug discharges. The results of such activities shall be available to the approval authority upon request. If the control authority decides that a slug control plan is needed, the plan shall contain, at a minimum, the elements required in section 24-56(e)(2)(g).

(2) Harmful contribution. The city may suspend the wastewater treatment service and the wastewater
discharge permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment, to the to the health or welfare of persons, to the environment, causes interference with the POTW, or cause the city to violate any condition of its NPDES permit.

Any person notified of a suspension of the wastewater treatment service or the wastewater discharge
permit shall immediately stop or eliminate the contribution. In the event of a failure of the user to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary, including but not limited to immediate severance of the sewer connection, to prevent or minimize damage to the POTW system, or endangerment to any individuals. The city shall reinstate the wastewater discharge permit and the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days of the date of occurrence.

(3) Revocation of permit. Any user who violates this ordinance, or applicable state and federal regulations,
is subject to having his permit revoked in accordance with the procedures of section 24-57 of this ordinance [division] for:

a Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
b Failure of a user to report significant changes in operations, or wastewater constituents and characteristics;
c Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or
d Violation of conditions of the permit.

(4) Notification of violation. Whenever the city finds that any user has violated or is violating this ordinance
[division], wastewater contribution permit, conditions or any prohibition or limitation of requirements contained herein, the city may serve upon such person a written notice stating the nature of the violation. A plan for the satisfactory correction of the violation shall be submitted to the city by the user within ten (10) days from the date of the notice of violation. Until final compliance has been achieved the user will be considered in violation of the ordinance.

(5) Show cause hearing.

a Service of notice. The control authority, as stipulated in the enforcement response plan, may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the city administrator, the director of public works and other involved members of the control authority why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of the hearing to be held regarding the violations, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the city administrator, director of public works and involved members of the control authority why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by certified mail, return receipt requested, at least ten (10) days before the hearing. Service may be made on any agent or officer of corporation.

b Conduct of hearing. The director of public works, or his designee, shall conduct the hearing, take evidence, and make findings of fact, and may issue in the name of the city notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

c Record of hearing. At any hearing held pursuant to this ordinance [division], testimony taken must be under oath and recorded stenographically. The transcript will be made available to any member of the public or any party to the hearing upon payment of the costs of transportation and copying.

d Order to abate. After the director of public works has reviewed the evidence and findings of fact, he may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer usage be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities and such are properly operated. Further orders and directives as are necessary and appropriate may be issued.

(6) Legal action. If any person discharges sewage, industrial wastes or other wastes into the city’s
wastewater disposal system contrary to the provisions of this ordinance [division]; or any orders issued
under the authority contained in this ordinance [division], the city counselor may commence
an action for appropriate legal and equitable relief.
(Ord. No. 2840, § 6, 5-10-93)
Editor’s note – Section 1 of Ord. No. 2840, adopted May 10, 1993, repealed § 24-57 in its entirety. Formerly, § 24-57 pertained to enforcement and derived form § 5(5.0-5.4) of Ord. No. 2232, adopted July 8, 1985, and §§ 6 and 7 of Ord. No. 2438, adopted Sep. 12, 1988. Section 6 of Ord. No. 2840 provided for the addition of a new § 24-57 as herein set out.

Sec. 24-58. Penalty and costs.

(a) Civil penalties. Any user who is found to have violated an order of the city or who has failed to comply with any provisions of this ordinances [division], and the orders, rules, regulations and permits, issued hereunder, may be fined not less than five hundred dollars ($500.00) for each violation in addition to any other administrative remedies provided herein. Each day on which a violation shall occur or continue shall be deemed a separate and distinct violation. In addition to the penalties provided herein, the city may recover court reporter’s fees and other expenses of litigation by appropriate legal action against the user found to be in violation.

(b) Falsifying information. Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance [division], or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance [division], shall upon conviction be punished by a fine of not more than five hundred dollars ($500.00), by imprisonment for not more than ninety (90) days or by both.
(Ord. No. 2840, § 7, 5-10-93)
Editor’s note – Section 1 of Ord. No. 2840, adopted May 10, 1993, repealed § 24-58 in its entirety. Formerly § 24-58 pertained to penalty costs and derived from § 6(6.1, 6.2) of Ord. No. 2232, adopted July 8, 1985, and § 8 of Ord No. 2438, adopted Sep. 12, 1988. Section 7 of Ord. No. 2840 provided for the addition of a new § 24-58 as herein set out.

Sec. 24-59, 24-60. Reserved.

ARTICLE III. FRANCHISES *

______________
*Cross references – Any franchise granted by the city council to any person saved from repeal, § 1-8(12); utility service franchise taxes, § 22-91 et seq.; enumeration of ordinances saved from repeal pertaining to utility franchises. App. C
State law reference – Municipal authority to regulate certain utilities through the granting of franchises. RSMo 77.490, 88.613, 88.633, 392.260.

Sec. 24-61. Definitions.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them:

Business shall mean any person supplying telephones and telephone services, gas, electricity, water, cable television service and which person holds a franchise for such business with this city.

Customer shall mean any person or business that receives within the city any of the services or products mentioned herein and for which said customer is billed on a regular and recurring basis by the person engaged in such business for the service or products furnished to such customer.
(Code 1970, § 27-56)
Cross reference – Definitions and rules of construction generally, § 1-2.

Sec. 24-62. Election required, when.

(a) No initial ordinance granting any franchise, lease, right, or privilege in or under the streets, public thoroughfares or public places of the City of Warrensburg shall go into effect or become operative or vest any right in the grantee or grantees, unless such grant shall first be approved by a majority of the voters voting at municipal election at which the proposed grant is properly submitted. Any renewal or extension thereof shall be subject to voter approval of the majority of voters voting on the question, pursuant to the provisions of section 88.251 RSMo as the same is currently enacted or may be amended from time to time.

(b) No ordinance or amendment or modification thereof granting any nonexclusive franchise, lease, right or privilege for not to exceed twenty (20) years in or under the streets, public thoroughfares or public places of the City of Warrensburg shall go into effect or become operative or vest any right in the grantee or grantees, except upon prior compliance with the following conditions:

(1) Before final passage of the ordinance, or amendment or modification of ordinance by the council, the city clerk shall prepare a notice of a public hearing thereupon and cause it, along with a true copy of the ordinance, including the full text of the franchise under consideration, to be published once a week for four (4) consecutive weeks in a daily newspaper or for four (4) consecutive weeks in a weekly newspaper if no daily newspaper is published in the city, the first publication to be at least thirty (30) days before, and the last publication within ten (10) days of, the date fixed by the city council for the public hearing;

(2) The notice shall give the date, time and place of the public hearing, and shall contain a statement of the substance and effect of the proposed ordinance, and a further statement that the ordinance, or amendment or modification of ordinance, as introduced, or a true copy thereof, may be inspected and copied at the office of the city clerk during regular business hours.

(3) The public hearing shall be at a regular, adjourned or called meeting of the city council at which all interested parsons will be heard in person or by attorney.

(4) The city council may at any time, before or after the public hearing, submit the proposed franchise, lease, right or privilege to an election by the voters for their approval.

(5) The provisions of this subsection shall not apply in the granting of any franchise, lease, right or privilege to any utility regulated by the public service commission of State of Missouri.

(c) Any ordinance, however, may be amended or modified by the council as to streets, alleys, or public places already occupied and used by any person, persons or corporation by and under a franchise then in existence and only as to such streets, alleys or public places used and occupied by such person, persons or corporation under a franchise then in existence, when such modifications or amendment is necessary to enable such person or corporation to enlarge, better or improve its facilities, equipment, material or structure above, upon or beneath such streets, alleys public thoroughfares or public places then used and occupied by such person or corporation by and under a franchise then in existence, for the purpose of removing or overcoming hindrances to public service. The city council shall have the right to grant to any railroad company the right to construct switches or spur tracks to industrial plants or warehouses.
(Code 1970, § 27-57; Ord No. 3443, § 2, 5-24-99)
State law reference-Similar provisions, RSMo78.630(1).

Sec. 24-63. Procedure for granting.

(a) No ordinance or amendment or modification thereof granting any nonexclusive franchise, lease, right or privilege for not to exceed twenty (20) years in or under the streets, public thoroughfares or public places of the city shall go into effect or become operative or vest any right in the grantee or grantees, except upon prior compliance with the following conditions:

(1) Before final passage of the ordinance, or amendment or modification of ordinance, by the city council, the city clerk shall prepare a notice of a public hearing thereupon and cause it, along with a true copy of the ordinance, including the full text of the franchise under consideration, to be published once a week for four (4) consecutive weeks in a weekly newspaper if no daily newspaper is published in the city, the first publication to be at least thirty (30) days before, and the last publication within ten (10) days of, the date fixed by the city council for the public hearing.

(2) The notice shall give the date, time and place of the public hearing, and shall contain a statement of the substance and effect of the proposed ordinance, and a further statement that the ordinance, or amendment or modification of ordinance, as introduced, or a true copy thereof, may be inspected and copied at the office of the city clerk during regular business hours.

(3) The public hearing shall be at a regular, adjourned or called meeting of the city council at which all interested persons will be heard in person or by attorney.

(4) The city council may at any time, before or after the public hearing, submit the proposed franchise, lease, right or privilege to an election by the voters for their approval.

(b) The provisions of this section shall not apply in the granting of any franchise, lease, right, or privilege to any utility regulated by the public service commission of the state.
(Code 1970, § 27-58)
State law reference – Similar provisions, RSMo 78.630(2).

Sec. 24-64. Application to prior franchises.

(a) Any ordinance granting a franchise under this article, may be amended or modified by the city council of any city as to streets, alleys or public places already occupied and used by any person by and under a franchise then in existence and only as to such streets, alleys or public places used and occupied by such person, under a franchise then in existence, when such modifications or amendments is necessary to enable such person to enlarge, better or improve its facilities, equipment, material or structure above, upon or beneath such streets, alleys, public thoroughfares or public places then used and occupied by such person by and under a franchise then in existence, for the purpose of removing or overcoming hindrances to public service.

(b) The city council shall have the right to grant to any railroad company the right to construct switches or spur tracks to industrial plants or warehouses.
(Code 1970, § 27-59)
State law reference – Similar provisions, RSMo 78.630(3)