A. 
All new nondomestic users connecting to, or discharging to, the POTW, and all existing nondomestic users connected to, or discharging to, the POTW, shall complete a wastewater discharge survey to establish whether a nondomestic user should be classified as a significant industrial user or require a discharge authorization as defined in § 313-9 and require a discharge permit. New water service will not be initiated until a complete survey is submitted. In the case of a transfer account, water service will be disconnected if a complete survey is not submitted within 10 days of the transfer. If, upon review, the City Manager determines a permit may be required, the nondomestic user shall file a permit application which may include, but not be limited to, the following information:
(1) 
Name, address and location of the discharger;
(2) 
North American Industry Classification system (NAICS) number(s) according to the North American Industry Classification system manual, Office of Management and Budget, 1997, as amended;
(3) 
Wastewater constituents and characteristics, including, but not limited to, toxic pollutants as determined by bona fide chemical and biological analyses. Sampling and analyses shall be performed in accordance with procedures established by the EPA and contained in 40 CFR Part 136, as amended;
(4) 
Time and duration of discharges;
(5) 
Average daily and maximum daily wastewater flow rates in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured, unless other verifiable techniques are approved by the City Manager;
(6) 
Site plans, floor plans, mechanical and plumbing plans and details to show all sanitary and storm drain systems, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
(7) 
Description of activities, facilities and plant processes on the premises including all materials which are, or may be, discharged to the POTW;
(8) 
The nature and concentration of any pollutants or materials prohibited by this Part 2 in the discharge, together with a statement regarding whether or not compliance is being achieved with this Part 2 on a consistent basis and, if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the discharger to comply with this Part 2;
(9) 
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this Part 2 by an existing source, the discharger shall enter into a consent agreement consistent with the law, and approved by the City Manager, of the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities. The compliance date for such a schedule shall not be later than the compliance date for any applicable standard. A new source [40 CFR 403.3(k) and Rule 323.2302(r) of the Michigan Administrative Code], or an expansion of an existing source, must have in place all necessary equipment to abate pollution. For a new source, this will be prior to the commencement of the discharge. For an expansion of an existing source, this shall be before any additional wastewater is introduced to the system.
(a) 
The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this Part 2 including, but not limited to, dates related to hiring a Michigan licensed professional engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this Part 2.
(b) 
Under no circumstance shall the City Manager permit a time increment for any single step directed toward compliance which exceeds six months.
(c) 
Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the City Manager, including a statement as to whether or not they complied with the increment of progress represented by that milestone date and, if not, the date on which they expect to comply with this increment of progress, the reason for delay and the steps being taken by the discharger to return the construction to the approved schedule.
(10) 
Each product produced by type, amount, process or processes and rate of production;
(11) 
The type and amount of raw materials utilized;
(12) 
All permit applications shall be signed by an authorized representative of the discharger, and a Michigan licensed professional engineer, where pretreatment facilities are required;
(13) 
When required by the City Manager, the discharger shall provide an inspection and sampling manhole(s) or structure(s), nonpermitted confined space where feasible, with an opening of no less than 24 inches diameter and an internal diameter of no less than 36 inches containing flow measuring, recording and sampling equipment as required by the City Manager to assure compliance with this Part 2.
B. 
Nondomestic users who have previously submitted a survey, as prescribed in this section, are also required to complete a wastewater discharge survey periodically, at a frequency to be determined by the City Manager.
All industrial users shall promptly notify the control authority (and the POTW if the POTW is not the control authority) in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p) and Chapter 27, Sec. 2.75(4), of the City of Grand Rapids Code.
The City Manager will evaluate the completed application and data furnished by the discharger and may require additional information. Within 30 days after full evaluation and acceptance of the data furnished, the City Manager shall make a determination as to whether the applicant is a significant industrial user or will need a discharge authorization. For every applicant, the City Manager shall issue or deny a discharge permit subject to terms and conditions provided herein.
The City Manager shall have the right to amend any discharge permit issued hereunder in order to assure compliance by the POTW with applicable laws and regulations and prevent a violation of any NPDES limit, water quality standards or interference with residuals management as specified in § 313-18B(6). Upon the promulgation of a federal categorical pretreatment standard, the significant industrial user discharge permit of each discharger subject to such standards will be revised to comply with such standards. Where a discharger, subject to a federal categorical pretreatment standard, has not previously submitted an application for a significant industrial user discharge permit as required by § 313-20, the discharger shall apply for a significant industrial user discharge permit from the City Manager within 30 days after the promulgation of the applicable federal categorical pretreatment standard and provide the information required. The discharger shall be informed of any proposed changes in the discharger's permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit may include a reasonable time schedule for compliance, which does not exceed any compliance dates set by 40 CFR 403.6(b) and Rule 323.2311(3) of the Michigan Administrative Code.
Significant industrial user discharge permits shall specify the following:
A. 
Statement of duration (not more than five years) including issuance and expiration dates;
B. 
Effluent limitations based on the more stringent of categorical pretreatment standards, BMPs, or local limits as established by this Part 2 and state law;
C. 
General and specific discharge prohibitions as established by §§ 313-18 and 313-19 of this Part 2;
D. 
Requirements and specifications for monitoring programs including sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
E. 
Requirements for collecting, retaining and providing access to plant records relating to the user's discharge and for providing entry for sampling and inspection;
F. 
Requirements for notification of spills, bypass or potential problems to the POTW including slug loadings, upsets or violations;
G. 
Requirements to develop and implement spill and slug control plans;
H. 
Requirements for notification and approval of changes prior to discharge. The POTW shall be notified of any proposed substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p) and Rule 323.2310(15) of the Michigan Administrative Code and operational shift changes of greater than four hours;
I. 
Special conditions as the City Manager may reasonably require under particular circumstances of a given discharge to ensure compliance with this Part 2 and state and federal pretreatment standards and requirements;
J. 
Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements;
K. 
Statement of non-transferability;
L. 
Conditions for modification or revocation of permit;
M. 
Schedule of fees and charges;
N. 
Limits on the average and maximum wastewater constituents and characteristics, including BMP: based on applicable pretreatment standards or local limits;
O. 
Limits on average and maximum rate and time of discharge and/or requirements for flow regulations and equalization;
P. 
Requirements for installation and maintenance of inspection and sampling facilities;
Q. 
Compliance schedules;
R. 
Requirements for submission of special technical reports, discharge reports or certification statements. These include any reporting requirements contained in a federal categorical standard or pretreatment requirements.
All discharge permits shall be issued for up to five years, subject to amendment or revocation as provided in this Part 2.
A. 
Permit transfer.
(1) 
Individual discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days' advance notice to the City Manager and the City Manager approves the individual discharge permit transfer. The notice to the City Manager must include a written certification by the new owner or operator which:
(a) 
States that the new owner and/or operator have no immediate intent to change the 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 individual wastewater discharge permit; and
(d) 
Includes all modifications.
(2) 
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.
B. 
Permit renewal/reissuance. SIUs with an expiring wastewater discharge permit shall apply for a wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 313-20 of this Part 2, a minimum of 60 days prior to the expiration of the SIU's existing wastewater discharge permit.
A. 
Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination request, or 90 days prior to the commencement of discharge in the case of a new source, the industrial user shall submit a baseline monitoring report, in accordance with 40 CFR 403.12(b) and Rule 323.2310(2) MAC, for any discharge subject to federal categorical pretreatment standards and requirements signed by an authorized representative.
B. 
Ninety-day report on compliance with federal categorical standards. Within 90 days following the date for final compliance with applicable federal categorical pretreatment standards, or in the case of a new source following the commencement of the introduction of wastewater into the POTW, any discharger subject to federal categorical pretreatment standards and requirements shall submit a report in accordance with 40 CFR 403.12(d) and Rule 323.2310(3) MAC signed by an authorized representative.
C. 
Significant noncategorical user compliance report. For dischargers who are not subject to categorical pretreatment standards, but discharge or have the potential to discharge substances which could adversely affect the POTW's operation, or for violating any pretreatment standard or requirement, a report is to be submitted 30 days following the commencement of discharge and every six months thereafter to the City Manager. The report shall specify the nature and concentration of all prohibited or regulated substances contained in their discharge as set forth in 40 CFR 403.12(h) and Rule 323.2310(7) MAC and the average and maximum daily flow in gallons. The report shall state whether the requirements are being met on a consistent basis and, if additional pretreatment is necessary, to bring the discharge into compliance with the requirements. This statement shall be signed by an authorized representative, as set forth in 40 CFR 403.12(1) and Rule 323.2310(11) MAC, of the discharger and certified to by a Michigan licensed professional engineer.
D. 
Hazardous waste notification.
(1) 
Any industrial or commercial user, except as specified in Subsection D(5) below, who discharges any substance to the POTW which, if otherwise disposed of, would be a listed or characteristic hazardous waste under 40 CFR Part 261, shall notify the POTW, the EPA Regional Waste Management Division Director and the state hazardous waste authorities as set forth in 40 CFR 403.12(p) and Rule 323.2310(15) of the Michigan Administrative Code in writing of such discharge.
(2) 
All hazardous waste notifications shall include:
(a) 
The name of the hazardous waste as set forth in 40 CFR Part 261;
(b) 
The EPA hazardous waste number;
(c) 
The type of discharge (continuous, batch or other); and
(d) 
A certification that the user 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.
(3) 
In addition to the information submitted in § 313-27D(2), the reports from industrial and commercial users discharging more than 100 kilograms of hazardous waste per calendar month to the POTW shall contain the following information:
(a) 
An identification of the hazardous constituents contained in the waste;
(b) 
An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month;
(c) 
An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.
(4) 
Hazardous waste notifications shall be submitted no later than 30 days after the effective date of this Part 2 or prior to the discharge of listed or characteristic hazardous waste for discharges commencing after the effective date of this Part 2, as required in § 313-21. Any notification under this provision need be submitted only once for each hazardous waste discharged, although notifications of changed discharge must be submitted under § 313-21 of this Part 2. This section does not apply to pollutants already reported as part of a significant industrial user discharge permit self-monitoring requirement.
(5) 
Industrial and commercial users are exempt from the hazardous waste notification requirement when they discharge 15 kilograms or less of non-acute hazardous wastes per calendar month. Discharge of any quantity of acutely hazardous waste as specified in 40 CFR 261.30(d) and 261.33(e) requires a one-time notification.
(6) 
In the case of any new regulations under Section 3001 of Resource Conservation and Recovery Act identifying additional characteristics of hazardous waste, the industrial user must notify the POTW, the EPA regional waste management division director, and the state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of the regulations.
A. 
Reporting requirements.
(1) 
Significant industrial users subject to categorical pretreatment standards shall submit to the City Manager a report, as required in 40 CFR 403.12(e), indicating the nature and concentration of prohibited or regulated substances in the effluent. The reports shall be submitted for the six-month periods of January through June and July through December. Reports are due within 30 days of the end of the reporting period. If the sampling performed indicates a violation, the user shall notify the City Manager immediately upon becoming aware of the violation. At a minimum, the SIU shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City Manager within 30 days after becoming aware of the violation. In cases where the pretreatment standard requires compliance with a best management practice or pollution prevention alternative, the user must submit documentation required by the City Manager or the pretreatment standard necessary to determine the compliance status of the SIU. In addition, this report shall include a record of all measured or estimated average and maximum daily flows which during the reporting period exceeded the average daily flow reported in § 313-20A(5) hereof. Flows shall be reported on the basis of actual measurement; provided, however, where cost or feasibility considerations justify, the City Manager may accept reports of average and maximum flows estimated by verifiable techniques. The City Manager, for good cause shown, considering such factors as local high- or low-flow rates, holidays, budget cycles, or other extenuating factors, may authorize the submission of said reports on months other than those specified above.
(2) 
Significant industrial users with discharges that are not subject to federal categorical pretreatment Standards but are subject to local limits shall follow the same sampling and reporting requirements as in Subsection A(1) above.
B. 
Reports of permittees shall contain all results of sampling and analysis of the discharge, including the flow, nature, concentration, production and/or mass, where required by the City Manager. Reports required in discharge permits will be accepted in an electronically submitted format only through an Environmental Protection Agency (EPA) approved Cross Media Electronic Reporting Regulation (CROMERR) system compliant with the Code of Federal Regulations, Title 40, Part 3. CROMERR is an EPA approved system allowing states, tribes, and local governments that receive or plan to begin receiving electronic documents in lieu of paper documents to satisfy regulations under an authorized program.
A. 
The City Manager may inspect the monitoring facilities of any discharger to determine compliance with the requirements of this Part 2. The discharger shall allow the City Manager to enter upon the premises of the discharger at all hours, for the purposes of inspection, sampling or records examination. The City Manager shall have the right to set up on the discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations and have access to examine and copy any records. All costs associated with this monitoring requirement shall be borne by the discharger.
B. 
The reports required by §§ 313-27 and 313-28 of this Part 2 shall be based on sampling and analysis performed in the period covered by the report and performed in accordance with the techniques described in 40 CFR Part 136 and amendments thereto or as specified in the applicable categorical pretreatment standard.
C. 
The frequency of monitoring shall be specified by the City Manager to assess compliance by industrial and commercial users with applicable pretreatment standards and requirements in accordance with 40 CFR 403.12(g)(3) and Rule 323.2310(6)(d) MAC. Where EPA, 40 CFR Part 136, does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedure set forth in the EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereto or with any other sampling and analytical procedures approved by the Administrator of the EPA. Where the POTW performs all the required sampling and analyses and collects all the information required for the reports required in §§ 313-27 and 313-28 of this Part 2, the SIU will not be required to submit the report.
D. 
If sampling performed by an SIU indicates a violation, the user shall notify the City Manager within 24 hours of becoming aware of the violation. At a minimum, the user is required to resample and analyze within 30 days of becoming aware of the violation. The City Manager may, with the issuance of a modified permit, require more frequent sampling and analysis. Resampling by the SIU is not required if the City performs sampling at the user's facility between the time when the initial sampling was conducted and the time when the SIU or City receives the results of this sampling, or if the City has performed the sampling and analysis in lieu of the SIU.
E. 
If an SIU, subject to the reporting requirement in §§ 313-27 and 313-28, monitors any pollutant more frequently than required by the POTW, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.
F. 
The reports required by §§ 313-27 and 313-28 of this Part 2 shall include the following certification statement:
"I certify under penalty of the 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 submitted, it 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 penalty and imprisonment for knowing violations."
(1) 
Signatory requirements for industrial user reports. The reports required by §§ 313-27 and 313-28 of this Part 2 shall include the certification statement as set forth in § 313-29F, and shall be signed as follows:
(a) 
By a responsible corporate officer, if the industrial user submitting the reports required by §§ 313-27 and 313-28 of this Part 2 is a corporation. For the purpose of this subsection, a responsible corporate officer means:
[1] 
A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decisionmaking functions for the corporation; or
[2] 
The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) 
By a general partner or proprietor if the industrial user submitting the reports required by §§ 313-27 and 313-28 of this Part 2 is a partnership or sole proprietorship, respectively.
(c) 
By a duly authorized representative of the individual designated in Subsection F(1)(a) or (b) of this section if:
[1] 
The authorization is made in writing by the individual described in Subsection F(1)(a) or (b);
[2] 
The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
[3] 
The written authorization is submitted to the City Manager.
(d) 
If an authorization under Subsection F(1)(c) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of Subsection F(1)(c) of this section must be submitted to the City Manager prior to or together with any reports to be signed by an authorized representative.
A. 
When deemed necessary by the City Manager, each discharger shall provide and operate, at the discharger's own expense, a monitoring facility to allow inspection, representative sampling and flow measurement of each discharge to the POTW. Sampling requirement shall be flow proportional unless time proportional composite sampling is authorized by the control authority. Each monitoring facility shall be situated on the discharger's premises; except where such a location would be impractical or cause undue hardship on the discharger, the City Manager may concur with the facility being constructed in the public right-of-way, providing that the facility is located so that it will not be obstructed by landscaping or parked vehicles. Upon appropriate notice by the City Manager for monitoring facilities, a compliance schedule may be issued as a permit condition.
B. 
There shall be ample room in or near such sampling facilities to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition, at the expense of the discharger.
C. 
All required monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications (nonpermitted confined space structure where feasible).
A. 
Information and data furnished to the City Manager with respect to the nature and frequency of discharge shall be available to the public or other governmental agencies without restriction. Wastewater constituents and characteristics will not be recognized as confidential information. When requested by a discharger furnishing a report, the portions of a report which may disclose trade secrets or secret processes shall not be made available for inspection by the public unless required by law, but shall be made available upon written request to governmental agencies for uses related to this Part 2, the NPDES 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 discharger furnishing the report.
B. 
Where a discharger has mass-based limits as allowed by federal categorical pretreatment standards on a production basis, the production data necessary to determine compliance shall also be available to the public. Where application of the combined waste stream formula is necessary to apply federal categorical pretreatment standards to a discharger, the flow measurements and other data used in the calculation shall be available to the public.