It shall be unlawful to discharge any industrial wastes or wastewater
to the POTW without an industrial wastewater discharge permit.
A.
All new source industrial users proposing to connect to or to contribute
to the POTW shall obtain an industrial wastewater discharge permit
before connecting to or contributing to the POTW. All existing industrial
users connected to or contributing to the POTW shall obtain an industrial
wastewater discharge permit within 180 days after the effective date
of this Part 2.
B.
To apply for an industrial wastewater discharge permit, industrial
users shall complete and file with the Board an application and fee
as prescribed by the Board. Existing industrial users shall apply
for an industrial wastewater discharge permit within 60 days after
the effective date of this Part 2. Proposed new users shall apply
at least 90 days prior to the proposed date of connection to or contribution
to the POTW. In support of the application, the users shall submit,
in units and terms appropriate for evaluation as specified by the
Superintendent, the following information:
(1)
The name and address of the industrial user and location, if different
from the address, of the source of input into the POTW.
(2)
The SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended.
(3)
Wastewater constituents and characteristics, existing or proposed, as the case may be, including but not limited to those mentioned in §§ 177-50, 177-56, 177-59 and 177-60 of this Part 2, as determined by a reliable analytical laboratory approved by the Superintendent in the case of an existing user. Such 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 136, as amended.
(4)
The time and duration of contribution.
(5)
The average daily and three-minute peak wastewater flow rates, including
daily, monthly and seasonal variations, if any.
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections and appurtenances by the size,
location and elevation.
(7)
A description of the activities, facilities and plant processes on
the premises, including all material which is or would be discharged.
(8)
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 or would be being met on a consistent basis and, if
not, whether additional O & M and/or additional pretreatment is
required for the user to meet applicable pretreatment standards.
(9)
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.
(10)
Each product produced by type, amount, process or processes
and rate of production.
(11)
The type and amount of raw materials processed, average and
maximum per day.
(12)
The number and type of employees and hours of operation of the
plant and proposed or actual hours of operation of the pretreatment
system.
(13)
Any other information as may be deemed by the Board or Superintendent
to be necessary to evaluate the permit application.
(14)
The following certification to be acknowledged by any person signing
the report:
[Added 12-13-2011 by L.L. No. 9-2011]
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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.
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C.
The Superintendent will evaluate the data furnished by the user and
may require additional information. After acceptance and evaluation
of the data submitted, the Superintendent shall make a recommendation
to the Board regarding whether the permit should be granted. If the
Superintendent recommends that the permit be issued and a majority
of the Board votes to grant the permit, the Board shall instruct the
Superintendent to issue the permit to the applicant subject to the
terms and conditions which the Superintendent determines are necessary
to comply with terms and policies of this Part 2. If either the Superintendent
or more than a minority of the Board feel that the permit should not
be issued, the Board shall not direct the Superintendent to issue
the permit.
D.
If, in the opinion of the Superintendent, an applicant for an industrial
wastewater discharge permit would be unable to comply with the terms
and policies of this Part 2 or with the conditions which the Superintendent
determined would be required in the permit were it to be issued, the
Superintendent shall recommend to the Board that a permit not be issued.
In this event, the applicant shall have the right to appeal such decision
to the Board at the next public meeting of the Board held not sooner
than 30 days after the receipt by the City Clerk of a written statement
from the applicant setting forth the applicant's intention to appeal.
If, at that meeting of the Board, a majority of the total voting membership
of the Board votes to grant the permit, the decision of the Superintendent
shall be overruled, and the Superintendent shall issue the permit
to the applicant. The Board may vote to overrule the Superintendent
only if it determines that the terms and policies of this Part 2 will
not be violated by the applicant's proposed contribution(s) to the
POTW.
E.
Within nine months of the promulgation of a national categorical pretreatment standard, the industrial wastewater discharge permit of the user subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. If a user subject to a national categorical pretreatment standard has not previously submitted an application for an industrial wastewater discharge permit as required by § 177-23B, the industrial user shall apply for such permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the industrial user with an existing industrial wastewater discharge permit shall submit to the Superintendent, within 180 days after the promulgation of a national categorical pretreatment standard, the information required by Subsection B(8) and (9).
F.
If, at any time after the granting of an industrial wastewater discharge permit, any industrial user violates any of the terms of this Part 2 or of its permit, the Superintendent or the Board shall act in accordance with the terms of Article XII of this Part 2 and may, in conjunction with or independently of the various enforcement devices in Article XII, suspend or revoke said permit. If the decision to suspend or revoke the permit is made by the Superintendent, the ex-permittee shall have the right to appeal to the Board in accordance with the terms of Subsection D of this section.
A.
Industrial wastewater discharge permits shall contain the following
limits set by the Superintendent in accordance with the terms and
policies of this Part 2.
(1)
The unit charge or schedule of user charges and fees for the wastewater
to be discharged to the POTW.
(2)
Limits on the average and maximum wastewater constituents and characteristics,
based on all applicable federal, state and local pretreatment standards.
(3)
Limits on the average and maximum rate and time of discharge or requirements
for flow regulations and equalization.
(4)
Requirements for installation and maintenance of inspection and sampling
facilities.
(5)
The specifics of the monitoring program which the Superintendent
determines shall be applicable to the particular user.
(6)
The compliance schedule to be followed by the industrial user to
bring its discharge to the POTW within applicable federal, state and
local pretreatment requirements.
(7)
Requirements for submission of technical reports, requirements and/or
discharge reports.
(8)
Requirements for maintaining and retaining plant records relating
to waste discharge and affording representatives of the POTW access
thereto.
(9)
Requirements for notification of the City of any introduction of
new wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the POTW.
(10)
Requirements for notification of slug discharges.
(11)
The specifics of the accidental discharge program which the
Superintendent determines shall be applicable to the particular industrial
user.
(12)
Any monitoring, reporting or other requirements contained in
any applicable federal, state or City pretreatment standard.
(13)
Any other conditions as deemed appropriate by the Board or the
Superintendent to ensure compliance with this Part 2, including but
not limited to mass limitations on effluent discharge to the POTW.
B.
Industrial wastewater permits shall be issued and, once issued, shall
be maintained subject to all provisions of this Part 2 and all other
applicable regulations established by the state or federal government.
C.
No permittee shall increase the quantity of its discharge into the
POTW above the amounts set forth in its permit application and permit
or contribute any pollutants other than those set forth in its permit
application and permit or otherwise deviate from the terms of said
permit without applying for and securing a supplemental industrial
wastewater discharge permit which allows such increase in quantity
or changing quality of the user's discharge into the POTW or other
permit modification, as the case may be. The procedures for applying
for and receiving such a supplemental permit and the conditions, contents,
duration, transferability and all other relevant provisions regarding
said supplemental permit shall be the same as set forth in this Part
2 regarding original industrial wastewater discharge permits.
A.
Permits shall be issued for a specified time period, at the discretion
of the Board, not to exceed five years. A permit may be issued for
a period less than a year or may be stated to expire on a specific
date.
B.
The user shall apply for permit reissuance a minimum of 180 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 Board at the time of renewal or during the term of the permit as limitations or requirements, as identified in Article VIII, are modified or if another just cause exists. The user shall be informed of any proposed change 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.
Industrial wastewater discharge permits are issued to a specific
industrial user for a specific operation and shall not be assigned
or transferred or sold to a new owner, new user, different premises
or a new or changed operation without the approval of the Board after
a hearing at which the Board examines the applicability of the transfer
of the permit to the transferee's processes, discharges, etc., in
light of the regulations set forth in this Part 2. Any succeeding
owner or user shall also comply with the terms and conditions of the
existing permit.
