A.
It shall be unlawful for any significant industrial user to discharge wastewater into the City of Las Vegas' POTW without first obtaining a wastewater discharge permit from the Supervisor. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Articles X through XII. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements nor with any other requirements of federal, state or local law.
B.
Within either 180 days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a categorical
determination under 40 CFR 403.6(a)(4), whichever is later, existing
significant industrial users subject to such categorical pretreatment
standards, and currently discharging to or scheduled to discharge
to the POTW, shall be required to obtain a wastewater discharge permit.
C.
At least 90 days prior to commencement of their discharge, new sources,
and sources that become categorical or significant industrial users
subsequent to the issuance of this chapter, shall be required to submit
to the City of Las Vegas an application for a wastewater discharge
permit. A new source shall also be required to report the method of
pretreatment it intends to use to meet applicable pretreatment standards.
A new source shall also give estimates of its anticipated flow and
quantity of pollutants discharged.
D.
The Supervisor may require other industrial users, including liquid
waste haulers, to obtain a wastewater discharge permit as necessary
to carry out the purposes of this chapter.
A.
Existing. Any significant industrial user which has an indirect discharge into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future shall, within 90 days after said date, apply to the City of Las Vegas for a wastewater discharge permit in accordance with §§ 435-17 and 435-18, and shall not cause or allow discharges to the POTW to continue after 120 days of the effective date of this chapter, except in accordance with a wastewater discharge permit issued by the Supervisor.
B.
New. Any significant industrial user proposing to begin or recommence
discharging industrial wastes into the POTW must obtain a wastewater
discharge permit prior to the beginning or recommencing of such discharge.
An application for this wastewater discharge permit must be filed
at least 90 days prior to the date upon which any discharge will begin.
The City of Las Vegas has the right to place conditions on new or
increased contributions from existing users.
C.
Extra-jurisdictional.
(1)
Any existing significant industrial user located outside of the City of Las Vegas' boundaries shall submit a wastewater discharge permit application, in accordance with §§ 435-17 and 435-18, within 90 days of the effective date of this chapter. New significant industrial users located beyond the City of Las Vegas' limits shall submit such applications to the Supervisor 90 days prior to any proposed discharge into the POTW.
(2)
Alternately, the Supervisor 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.
Wastewater discharge permits shall include such conditions as
are reasonably deemed necessary by the Supervisor 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, protect ambient air quality,
and protect against damage to the POTW.
A.
Wastewater discharge permits shall contain the following conditions:
(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 and approval from the City of Las Vegas,
and provisions for furnishing the new owner or operator with a copy
of the existing wastewater discharge permit.
(3)
Effluent limits, applicable to the user, based on applicable federal,
state and local law.
(4)
Self monitoring, sampling, reporting criteria, notification of potential
problems and noncompliance, and recordkeeping and retention requirements.
These requirements shall include an identification of pollutants to
be monitored, exact sampling location, sampling frequency, resampling
conditions and sample type based on federal, state and local law.
(5)
Statement of applicable civil, criminal, and administrative 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 and
local law.
(6)
A statement that the wastewater discharge permit may be revoked upon violation of the terms and conditions of the permit as stated in § 435-26.
(7)
A statement that grants the Supervisor the right of entry into all
industrial user properties, facilities, buildings, etc., when wastewater
is known or expected to be generated and/or discharged.
(8)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable state and/or federal pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit.
B.
Wastewater discharge permits may contain, but need not be limited
to, the following:
(1)
Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization.
(2)
Limits on the instantaneous, daily and monthly average and/or maximum
concentration, mass, or other measure of identified wastewater pollutants
or properties.
(3)
A compliance schedule for the installation of pretreatment technology,
pollution control, or construction of appropriate containment devices,
designed to reduce, eliminate, or prevent the introduction of pollutants
into the treatment works.
(4)
Development and implementation of spill control plans or other special
conditions including management practices necessary to adequately
prevent accidental, unanticipated, or routine discharges.
(5)
Development and implementation of waste minimization or pollution
prevention plans to reduce the amount of pollutants discharged to
the POTW.
(6)
The unit charge or schedule of industrial user charges and fees for
the management of the wastewater discharged to the POTW.
(7)
Requirements for installation and maintenance of inspection and sampling
facilities and equipment.
(8)
Industrial users subject to categorical pretreatment standards that
are unable initially to comply with the limits can be granted a permit
to operate. The industrial user will be subject to a compliance schedule.
If the industrial user is unable to comply with the limits at the
end of the compliance schedule, the permit will be revoked.
(9)
Other conditions as deemed appropriate by the Supervisor to ensure
compliance with this chapter, and state and federal laws, rules, and
regulations.
A.
The Supervisor, upon notification, may modify the wastewater discharge
permit for good cause, including, but not limited to, the following:
(1)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirement;
(2)
To address significant alterations or additions to the industrial
user's operation, processes, or wastewater volume or character
since the time of wastewater discharge permit issuance;
(3)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a threat
to the City of Las Vegas' POTW, City of Las Vegas' personnel,
or the receiving waters;
(5)
Violation of any terms or conditions of the wastewater discharge
permit;
(6)
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
(7)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater discharge
permit;
(9)
To reflect a transfer of the facility ownership and/or operation
to a new owner/operator.
B.
The filing of a request by the permittee for a wastewater discharge
permit modification does not stay any wastewater discharge permit
condition.
A.
Expiration. Wastewater discharge permits shall be issued for a specified
time period, not to exceed five years. A wastewater discharge permit
may be issued for a period less than five years, at the discretion
of the Superintendent. Each wastewater discharge permit will indicate
a specific date upon which it will expire.
B.
Reissuance. A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with Article IV a minimum of 90 days prior to the expiration of the industrial user's existing wastewater discharge permit.
C.
Transfer.
(1)
Wastewater discharge permits may be reassigned or transferred to
a new owner and/or operator only if the permittee gives at least 90
days' advance notice to the Supervisor and the Supervisor approves
the wastewater discharge permit transfer. The notice to the Supervisor
must include a written certification by the new owner and/or operator
which:
(2)
Failure to provide advance notice of a transfer renders the wastewater
discharge permit voidable on the date of facility transfer.
Any person, including the industrial user, may petition the
City of Las Vegas to reconsider the terms of a wastewater discharge
permit within 30 days of its issuance.
A.
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
B.
In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
C.
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
D.
If the City of Las Vegas fails to act within 90 days, a request for
reconsideration shall be deemed to be denied. 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 action for purposes of judicial review.
E.
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the Fourth Judicial District Court.
A.
Wastewater discharge permits may be revoked for the following reasons:
(1)
Failure to notify the City of Las Vegas of significant changes to
the wastewater prior to the changed discharge;
(2)
Failure to provide prior notification to the City of Las Vegas of changed condition pursuant to § 435-31;
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the City of Las Vegas timely access to the facility
premises and records;
(7)
Failure to meet effluent limitations;
(8)
Failure to pay fines;
(9)
Failure to pay sewer charges;
(10)
Failure to meet compliance schedules;
(11)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12)
Failure to provide advance notice of the transfer of a permitted
facility;
(13)
Violation of any pretreatment standard or requirement or any
terms of the wastewater discharge permit or this chapter.
B.
Wastewater discharge permits shall be voidable upon nonoperation
of permitted facility, cessation of operations, or transfer of business
ownership.