A. 
At least 60 days prior to discharging or continuing the discharge of any industrial waste to the sewerage system, the owner of the property from which such discharge is proposed to be made shall apply to the City, in writing, for a permit to make such discharge.
B. 
Application.
(1) 
Application shall be made on discharge permit application forms furnished by the City, which forms shall contain all pertinent data, including but not limited to the estimated quantity of flow, the character of the waste, the maximum rate of discharge and the pretreatment facilities, together with any other information considered pertinent in the judgment of the City and other approving authorities. This information must include:
(a) 
Name, address and location (if different from the address).
(b) 
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended (if applicable).
(c) 
Wastewater constituents and characteristics, including, but not limited to, those mentioned in § 124-4D of this chapter as determined by a certified analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Federal Water Pollution Control Act and contained in 40 CFR Part 136, as amended.
(d) 
Time and duration of contribution.
(e) 
Average daily and three-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
(f) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections 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.
(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 schedule by which the user will provide such additional pretreatment. 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 date 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 in Subsection B(1)(i)[1] shall exceed nine months.
[3] 
Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Director, 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 event shall more than nine months elapse between such progress reports to the operations manager.
(j) 
Each product produced by type, amount, process or processes and rate of production.
(k) 
Type and amount of raw materials processed (average and maximum per day).
(l) 
Number and type of employees, and hours of 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.
(2) 
The City will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the City may issue a wastewater contribution permit subject to terms and conditions provided herein.
C. 
Wastewater discharge permit contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass-through or interference, protect the quality of the waterbody receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal and protect against damage to the wastewater treatment works. Wastewater discharge permits must contain:
(1) 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
(2) 
A statement that the wastewater discharge permit is nontransferable without prior notification to the City and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) 
Limits on the average and maximum wastewater constituents and characteristics;
(4) 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law; and
(5) 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.
D. 
A fee shall be charged for issuance of a discharge permit as provided in the Utility Fee Ordinance.[1]
[Amended 11-24-2008 by Ord. No. 793]
[1]
Editor’s Note: See Ch. A175, Fees, Art. II, Utility Fees.
E. 
A permit may be issued for a period of less than a year or may be stated to expire on a specific date. The discharger shall apply for permit reissuance a minimum of 180 days prior to the expiration of the discharger's existing permit. The terms and conditions of the permit shall be subject to modification by the City during the term of the permit as discharge limitations or requirements as identified in § 124-4 are modified or other just cause exists. The discharger shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
F. 
Within nine months of the promulgation of a National Categorical Pretreatment Standard, the industrial waste discharge permit of dischargers subject to such standards shall be revised to require and impose conditions to ensure compliance with such standard within the time frame prescribed by such standard. Where a discharger, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for an industrial waste discharge permit as required by this section, the discharger shall apply for an industrial waste discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standards. In addition, a discharger with an existing industrial waste discharge permit shall submit to the approving authority within 180 days after the promulgation of an applicable National Categorical Pretreatment Standard, on forms to be provided by him, the information required by 40 CFR 403 and the compliance schedule required by 40 CFR 103. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new discharger, following commencement of discharge to the sewage system, any discharger of industrial waste subject to pretreatment standards shall submit a report to the approving authority, upon forms to be provided by him, containing the information required by 40 CFR 403 and thereafter, semiannually in the months of June and December, the report required by 40 CFR 403.
G. 
Industrial waste discharge permits will contain as applicable the following special permit conditions:
(1) 
Any exception to the discharge standards set forth in § 124-4.
(2) 
Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization.
(3) 
Requirements for the installation and maintenance of inspection and sampling facilities.
(4) 
Compliance schedules.
(5) 
Requirements for the submission of discharge reports.
(6) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the approving authority and affording access by the City thereto for reviewing and copying the plant records.
(7) 
Requirements for the notification of the City of any new introduction of wastewater constituents or any substantial change in volume or character of the wastewater constituents being introduced into the wastewater treatment system.
(8) 
Requirements for the notification of slug discharges.
(9) 
Other conditions as deemed appropriate by the approving authority to ensure compliance with this chapter.
H. 
Notice of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation. The user is not required to resample if the Director monitors at the user's facility at least once a month, or if the Director samples between the user's initial sampling and when the user receives the results of this sampling.
I. 
Notification of the discharge of hazardous waste.
(1) 
Any user who commences the discharge of hazardous waste shall notify the wastewater treatment works, the Director, the EPA Regional Waste Management Division Director and state hazardous waste authorities, in writing, of any discharge into the wastewater treatment works of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other). If the user discharges more than 100 kilograms of such waste per calendar month to the wastewater treatment works, the notification also shall contain the following information to the extent that such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection needs to be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of this chapter.
(2) 
Dischargers are exempt from the requirements of Subsection A, above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) 
In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Director, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) 
In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(5) 
This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder or any applicable federal or state law.
A. 
Ten days prior to the first day of March, June, September and December, each significant industrial user shall file with the City a report on the quality and quantity of their discharge. The report forms shall be supplied by the City.
B. 
All significant industrial users shall provide the certification statement shown below with all reports submitted to the City: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." This statement shall accompany all reports requested by the City or required by 40 CFR 403 and shall be signed by an authorized representative user of the owner.
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 would divulge information, processes or methods of production entitled to protection, such 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 request to governmental agencies for uses related to this chapter, 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.
A. 
At least once every two years, the Director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Director may require any user to develop, submit for approval and implement such a plan. Alternatively, the Director may develop such a plan for any user.
B. 
An accidental discharge/slug control plan shall address, at a minimum, the following:
(1) 
Description of discharge practices, including nonroutine batch discharges.
(2) 
Description of stored chemicals.
(3) 
Procedures for immediately notifying the Director of any accidental or slug discharge.
(4) 
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
A. 
An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsections A and B of this section.
B. 
Notice.
(1) 
If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the Director, if possible at least 10 days before the date of the bypass.
(2) 
An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the control authority within 24 hours of the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
C. 
Prohibition of bypass.
(1) 
Bypass is prohibited, and the Director may take enforcement action against an industrial user for a bypass unless:
(a) 
Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(b) 
There were not feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(c) 
The industrial user submitted notices as required under Subsection B of this section.
(2) 
The Director may approve an anticipated bypass, after considering its adverse effects, if the control authority determines that it will meet the three conditions listed in Subsection C(1) of this section.
A. 
An "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.
B. 
An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards, provided that the industrial user meets certain conditions. An industrial user who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:
(1) 
An upset occurred and the industrial user can identify the cause or causes;
(2) 
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
(3) 
The industrial user has submitted the following information to the City within 24 hours of becoming aware of the upset (If this information is provided orally, a written submission must follow within five days.):
(a) 
A description of the indirect discharge and cause of noncompliance.
(b) 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.
(c) 
Steps being taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance.
(4) 
In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(5) 
Industrial users will have the opportunity for judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(6) 
The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
A. 
New significant industrial users located beyond the corporate limits of the City shall submit such application to the City 90 days prior to any proposed discharge into the wastewater treatment works.
B. 
The City may enter into an agreement with the neighboring jurisdiction in which the significant industrial user is located to provide for the implementation and enforcement of pretreatment program requirements against said industrial user.
C. 
In the event that another municipality contributes all or a portion of its wastewater to the wastewater treatment works, the City may require such municipality to apply for and obtain a municipal wastewater contribution permit.
(1) 
A municipal wastewater contribution permit application shall include:
(a) 
A description of the quality and volume of the wastewater at the point where it enters the wastewater treatment works.
(b) 
An inventory of all industrial users discharging to the municipality.
(c) 
Such other information as may be required by the Director.
(2) 
A municipal wastewater contribution permit shall contain the following conditions:
(a) 
A requirement for the municipal user to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits which are at least as stringent as those set out in this chapter.
(b) 
A requirement for the municipal user to submit a revised industrial user inventory on at least an annual basis.
(c) 
A requirement for the municipal user to:
[1] 
Conduct pretreatment implementation activities, including industrial user permit issuance, inspection and sampling and enforcement; or
[2] 
Authorize the Director to take or conduct such activities on its behalf.
(d) 
A requirement for the municipal user to provide the City with access to all information that the municipal user obtains as part of its pretreatment activities.
(e) 
Limits on the nature, quality and volume of the municipal user's wastewater at the point where it discharges to the POTW.
(f) 
Requirements for monitoring the municipal user's discharge.
(3) 
Violation of the terms and conditions of the municipal user's wastewater discharge permit subjects the municipal user to the sanctions set out in § 124-36.
No provisions contained in this chapter shall be deemed to prevent any special agreement or arrangement between the City and any person whereby wastewater of unusual strength or characteristic may be accepted by the City for treatment which will not violate or cause the City and/or the user to violate federal or state pretreatment requirements or standards or to violate discharge standards and which will not be harmful to the system. Under no circumstances shall federal or state pretreatment requirements or standards be waived.