City of Las Vegas, NM Wastewater Discharge Permit

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.

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.

§ 435-22 Permit contents and conditions.

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.

Wastewater discharge permits shall contain the following conditions:

A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years.

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.

Effluent limits, applicable to the user, based on applicable federal, state and local law.

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.

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.

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.

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.

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.

Wastewater discharge permits may contain, but need not be limited to, the following:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.

Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.

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.

Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.

Development and implementation of waste minimization or pollution prevention plans to reduce the amount of pollutants discharged to the POTW.

The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW.

Requirements for installation and maintenance of inspection and sampling facilities and equipment.

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.

§ 435-23 Modification.

The Supervisor, upon notification, may modify the wastewater discharge permit for good cause, including, but not limited to, the following:

To incorporate any new or revised federal, state, or local pretreatment standards or requirement;

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;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

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;

Violation of any terms or conditions of the wastewater discharge permit;

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

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.

The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.

§ 435-24 Duration; reissuance; transfer.

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.

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.

Transfer.

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:

(a)

States that the new owner and/or operator has no immediate intent to change facility's operations and processes;

(b)

Identifies the specific date on which the transfer is to occur;

(c)

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer.

§ 435-25 Wastewater discharge permit appeals.

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.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

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.

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

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.

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.

§ 435-26 Revocation.

Wastewater discharge permits may be revoked for the following reasons:

Failure to notify the City of Las Vegas of significant changes to the wastewater prior to the changed discharge;

Failure to provide prior notification to the City of Las Vegas of changed condition pursuant to § 435-31;

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

Falsifying self-monitoring reports;

Tampering with monitoring equipment;

Refusing to allow the City of Las Vegas timely access to the facility premises and records;

Failure to meet effluent limitations;