Any significant industrial user and any other user required to apply for a wastewater discharge permit under this Article or by the Authority shall not discharge wastewater or any other substance into a POTW except in accordance with the terms and conditions of a wastewater discharge permit issued by the county pursuant to this Article.
A. 
Mandatory provisions. Permits shall contain the following:
(1) 
Effective and expiration dates;
(2) 
Statement of non-transferability as specified in the Article, § 256-77;
(3) 
Effluent limitations based on applicable general pretreatment standards, Federal Categorical Pretreatment Standards, local limits and state and local law;
(4) 
Self-monitoring, sampling, reporting, notification and record keeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency and sample type, based on the applicable general pretreatment standards, Federal Categorical Pretreatment Standards, local limits and state and local law;
(5) 
Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the compliance date beyond applicable federal deadlines.
B. 
Other provisions. In addition, permits may contain the following provisions:
(1) 
Requirements to pay fees for the wastewater to be discharged to the POTW.
(2) 
Effluent limitations on the average and maximum wastewater constituents and characteristics.
(3) 
Limitations on the average and maximum rate and time of discharge or requirements for flow regulation and equalization.
(4) 
Requirements for installation and maintenance of inspection and sampling facilities.
(5) 
Requirements and specifications for monitoring programs, including sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules.
(6) 
Requirements for submission of technical reports, discharge reports or certification statements. These include any reporting requirements contained in a national categorical standard or pretreatment requirement.
(7) 
Requirements for collecting/retaining and providing access to plant records relating to a user's discharge, effluent, treatment facilities, spill prevention plans, records concerning the nature and quantity of toxic pollutants stored, transported or used by a user, records verifying the ultimate disposition of by-products and wastes generated during any manufacturing, refining or service process.
(8) 
Requirements for notification of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater treatment system.
(9) 
Requirements for notification of spills, slug loadings or violations.
(10) 
Requirements for installation, operation and maintenance of pollution control equipment.
(11) 
Any other conditions deemed necessary or appropriate by the Authority to ensure compliance with this Article, the Act as defined herein and other federal and state pretreatment standards and requirements.
Effluent limitations in a wastewater discharge permit shall be based upon the more stringent of the following:
A. 
Federal Categorical Pretreatment Standards.
B. 
State pretreatment requirements.
C. 
Local limits determined by the county which are necessary to protect a POTW from materials described in § 256-59 and to protect against interference, bypass, upset, slug loading pass-through or damage to sludge generated by the POTW which might prevent its use, recycling or reclamation.
A permit shall be issued for a specified time period not to exceed five years. The terms and conditions of the permit may be subject to modification by the county during the term of the permit as limitations or requirements as identified in this Article are modified or other just cause exists (i.e, changes in the federal or state requirements or pretreatment standards). A user shall apply for permit reissuance at least 60 days prior to the expiration of the user's existing permit or whenever required by this Article or the Authority.
A wastewater discharge permit issued to a specific user for a specific process or operation shall not be assigned, reassigned, transferred or sold to a new owner, new user, a different premise or location or a new or changed operation.
A. 
User requirements. Issuance of a wastewater discharge permit is contingent upon provision by the user to the county of the following:
(1) 
A user shall provide and maintain in safe and proper condition, at his own expense, facilities to allow authorized representatives of a POTW and the county, the state or EPA to inspect, sample, monitor or measure flows and pollutants from discharges and wastewater subject to this Article; and
(2) 
A user shall provide ample room in or near a user's facilities to allow accurate sampling, monitoring and preparation of samples for analysis; or
(3) 
A user shall obtain, install, maintain and use all devices as are necessary to inspect, sample, monitor, measure and analyze flows and pollutants from discharges and wastewater subject to this Article.
B. 
If locating facilities to satisfy the requirements of Subsection A above would be impractical, a user may apply to the Authority for a right-of-way or for permission to construct the necessary facility on public property, the user remains liable and responsible for the payment of all costs associated with this process.
A. 
Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not violate pretreatment standards or requirements of the Act as defined herein or this Article if, but only if, the bypass is to prevent severe property damage. Such bypasses are not subject to Subsections B and C below.
B. 
Notice.
(1) 
If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW handling its discharges. Such notice shall be submitted at least 10 days before the date of bypass if possible.
(2) 
An industrial user shall notify a POTW of an unanticipated bypass that exceeds applicable pretreatment standards or requirements as soon as possible, and in no event later than 24 hours after the user discovers or should have discovered the bypass. Within five days after the user discovers or should have discovered the bypass, he shall send written notice to the POTW handling his discharges which contains the following:
(a) 
A description of the bypass and its cause.
(b) 
The duration of the bypass, including exact times and dates.
(c) 
If the bypass has not been corrected, the anticipated time it is expected to continue and the steps which have been taken and are planned to stop or correct the bypass.
(d) 
All steps which have been taken or are planned to reduce, eliminate or prevent the reoccurrence of the bypass.
C. 
Prohibition of bypass.
(1) 
Bypass is prohibited and the county may take any enforcement action available against an industrial user for a bypass, unless:
(a) 
The bypass was unavoidable to prevent loss of life, personal injury or severe property damage.
(b) 
There was no feasible alternative to the bypass, such as use of an auxiliary treatment facility, retention of wastes or wastewaters or maintenance during normal periods of equipment down time. There shall be a presumption that a feasible alternative exists if adequate backup equipment should and could have been installed to prevent a bypass which occurred during normal periods of equipment down time or preventative maintenance.
(c) 
The industrial user submitted the notices required by Subsection B above.
(2) 
A POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in Subsection C(1) above.
A. 
An upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless or improper operation.
B. 
An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards provided the industrial user meets certain conditions. An industrial user who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) 
An upset occurred and the industrial user can identify the cause or causes;
(2) 
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(3) 
The industrial user has submitted the following information to the Authority and the POTW within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must follow within five days):
(a) 
A description of the indirect discharge and cause of noncompliance;
(b) 
The period of noncompliance, including exact dates and times, or if not corrected, the anticipated time the noncompliance is expected to continue; and
(c) 
Steps being taken or planned to reduce, eliminate and prevent recurrence of the noncompliance.
C. 
In any enforcement proceeding, whether administrative or judicial, the user seeking to establish the occurrence of an upset shall have the burden of proof.
D. 
An industrial user will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with a categorical pretreatment standard.
E. 
An industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facilities or processes of a user is reduced, lost or fails.