When requested by the Authority or the Manager
of Water Resources, a user must submit information on the nature and
characteristics of its wastewater within 90 days of request pursuant
to such terms and conditions as Authority may, from time to time,
require. The Authority may periodically require users to update this
information.
A.
Users required to obtain permit.[1]
(1)
Significant industrial users. No significant industrial user shall discharge wastewater into the sewer system without first obtaining a wastewater discharge permit from the Authority and the Manager of Water Resources, except that a significant industrial user that has filed a timely application pursuant to Subsection B(1) may continue to discharge for the time period specified therein.
(2)
Other users. The Authority or the Manager of Water
Resources may require other users to obtain wastewater discharge permits
as necessary to carry out the purposes of this Part 4.
B.
Time by which permit is required.
(1)
Existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the sewer system prior to the effective date of this section and who wishes to continue such discharges in the future shall, within 90 days after said date, apply to the Authority and the Manager of Water Resources for a wastewater discharge permit in accordance with § 274-30, and shall not cause or allow discharges to the sewer system to continue after 180 days following the effective date of this section except in accordance with a wastewater discharge permit issued by the Authority and the Manager of Water Resources.[2]
(2)
New connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the sewer system must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 274-30, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
D.
Other legal obligations. Obtaining a wastewater discharge
permit does not relieve a permittee of its obligation to comply with
all federal and state pretreatment standards or requirements or with
any other requirement of federal, state or local law.
Contents of application. All users required
to obtain a wastewater discharge permit must submit a permit application
which contains such information as is, from time to time, required
by the Authority.
A.
Decisions on permit applications. The Authority and
the Manager of Water Resources will evaluate the data furnished by
the user and may require additional information. Within 60 days of
receipt of a complete wastewater discharge permit application, the
Authority and the Manager of Water Resources will determine whether
or not to issue a wastewater discharge permit. The Authority and the
Manager of Water Resources may deny any application for a wastewater
discharge permit. The Authority or the Manager of Water Resources
shall provide public notice of the issuance of a wastewater discharge
permit.[1]
B.
Petition for reconsideration. Any person, including
the user, may petition the Authority and the Manager of Water Resources
to reconsider the terms of a wastewater discharge permit within 30
days after notice of its issuance pursuant to such requirements as
are required by the Authority. Failure to submit a timely petition
for reconsideration shall be deemed to be a waiver of the administrative
appeal. If the Authority and the Manager of Water Resources fail to
act within 30 days after the filing of a petition for reconsideration,
the request for reconsideration shall be deemed to be denied.[2]
C.
No stay pending reconsideration. The effectiveness
of a wastewater discharge permit shall not be stayed pending a decision
on a request for reconsideration.
D.
Final administrative decisions. Decisions not to reconsider
a wastewater discharge permit, not to issue a wastewater discharge
permit, or not to modify a wastewater discharge permit shall be considered
final administrative decisions. Aggrieved parties seeking review of
administrative decisions may do so in accordance with this chapter
and applicable City ordinances and state law.
A.
In general. A wastewater discharge permit shall be
issued for specified time periods, established, from time to time,
by the Authority and Manager.
B.
Cessation of operations or transfer of ownership.
Wastewater discharge permits shall be voidable upon cessation of operations
or transfer of business ownership.
C.
Replacement. All wastewater discharge permits issued
to a particular user are void upon the issuance of a new wastewater
discharge permit to that user.
A wastewater discharge permit shall include
such conditions as are deemed reasonably necessary by the Authority
and the Manager of Water Resources to prevent pass through or interference,
protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management
and disposal and protect against damage to the POTW.
The Authority and the Manager of Water Resources
may modify a wastewater discharge permit for good cause including,
but not limited to, the following reasons:
A.
To incorporate any new or revised federal, state or
local pretreatment standards or requirements.
B.
To address significant alterations or additions to
the user's operation, process or wastewater volume or character since
the time of wastewater discharge permit issuance.
C.
To address a change in the POTW that requires either
a temporary or permanent reduction or elimination of the authorized
discharge.
D.
To respond to information indicating that the permitted
discharge poses a threat to the POTW, personnel or the receiving waters.
E.
Due to a violation of any terms or conditions of the
wastewater discharge permit.
F.
Due to misrepresentations or the failure to fully
disclose all relevant facts in the wastewater discharge permit application
or in any required reporting.
G.
Due to a revision of or a grant of variance from categorical
pretreatment standards pursuant to 40 CFR § 403.13.
H.
To correct typographical or other errors in the wastewater
discharge permit.
Wastewater discharge permits may be transferred
to a new owner or operator only if the permittee gives at least 90
days advance notice to the Authority and the Manager of Water Resources
and the Authority and the Manager of Water Resources approves the
wastewater discharge permit transfer. Failure to provide advance notice
of a transfer renders the wastewater discharge permit void as of the
date of the facility transfer. The notice must include a written certification
of information determined, from time to time, by Authority as reasonable
and necessary for the Authority to evaluate any such transfer request.
The Authority or the Manager of Water Resources
may revoke a wastewater discharge permit for such reasons or purposes
as are prescribed, from time to time, by the Authority.
A user with an expiring wastewater discharge
permit shall apply for wastewater discharge permit reissuance by submitting
a complete permit application at such time and pursuant to such conditions
as are established, from time to time, by the Authority.
