Item Coversheet
City of Independence
BILL NO. 17-086Ord.No:          18785

Agenda Title:

17-086 - 2R. An ordinance amending Article 6 of Chapter 7 of the Independence City Code to revise the pretreatment standards and cadmium limits.

It is the recommendation of the Water Pollution Control Department that the proposed ordinance be approved.
Executive Summary:

This ordinance would align City Code to be consistent with mandatory provisions of EPA's 2005 amendments to 40 cfr 403 General Pretreatment Regulations and Missouri's stricter state water quality standards for cadmium. It also corrects typographical errors.


Specific Pollutant Limitation (SPL):  local limits technical evaluation submitted to the Missouri Department of Natural Resources (MDNR) indicates the need to reduce the cadmium SPL from 0.10 milligrams per Liter (mg/L) to 0.020 mg/L because Missouri has adopted stricter state water quality standards for cadmium. Independence does not have known industrial cadmium dischargers, but the change will ensure adequate legal authority to regulate future potential dischargers. The Water Pollution Control Director will retain the authority to waive SPLs for individual industrial users, provided that the total pounds discharged to the Rock Creek wastewater treatment facility does not exceed allowable loading.

Federal Pretreatment Regulation Amendments: The United States Environmental Protection Agency (EPA) published the Pretreatment Streamlining Rule in October, 2005, amending the General Pretreatment regulations at 40 CFR 403. While the streamlining provisions are optional, the rule includes mandatory provisions concerning Significant Noncompliance, control of slug discharges, etc.

The Missouri Clean Water Commission rescinded the existing state pretreatment rule. It gave the State authority to enforce the amended federal pretreatment regulations and made some citations of the existing state rule in Article 6 obsolete.

EPA’s Streamlining Rule expanded the types of pretreatment standards and requirements that must be considered when determining whether an Industrial User’s violations are considered Significant Noncompliance. Article 6 needs to be amended to establish legal authority to implement these federal requirements.


An inspection conducted by Missouri Department of Natural Resources on June 20, 2016 stated, "The city needs to adopt the approved changes to the sewer user ordinance to maintain compliance with the 40 CFR Part 403 incorporated in 10 CSR 20-6.100."


The revision of Article 6 makes typographical as well as the above changes and also provides explicit authority to implement streamlining provisions. Streamlining provisions will allow the City to issue general permits and monitoring waivers.

Fiscal Impact:

This ordinance would have minimal fiscal impact as the goal of the ordinance is to align City Code with state and federal regulations as they pertain to pollution limits and streamlining. It also corrects typographical errors.

Department:          WPCContact Person:          Karla Pierce

City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

Chapter 7 Article 6 amendmentsOrdinance