[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Wastewater discharge permits shall contain, as appropriate,
the following:
(a) Statement of duration (not greater than five years) including issuance
and expiration dates;
(b) Effluent limitations based on the more stringent of categorical pretreatment
standards, local limits as established by this chapter, state and
local law or the combined waste stream formula as outlined in 40 CFR
403.6(e);
(c) General and specific discharge prohibitions as established by Section
29-49 of this chapter;
(d) Requirements to pay fees for the wastewater to be discharged to the
POTW;
(e) Limitations on the average and maximum rate and time of discharge
or requirements for flow regulation and equalization, including the
maximum monthly flow which shall be permitted by a user;
(f) Requirements for installation and maintenance of inspection and sampling
facilities;
(g) Requirements and specifications for monitoring programs including
sampling locations, frequency of sampling, number, types and standards
for tests and reporting schedule;
(i) Requirements for submission of technical reports, discharge reports
or certification statements. These include any reporting requirements
contained in a National Categorical Pretreatment Standard or pretreatment
requirement;
(j) Requirements for collecting/retaining and providing access to facility
records relating to the user's discharge and for providing entry for
sampling and inspection;
(k) Requirements for notification of any new introduction of wastewater
constituents or any substantial change in the volume or character
of the wastewater treatment system;
(l) Requirements for notification of spills, potential problems to the
POTW including slug loadings, upsets or violations;
(m) Requirements for installation, operation and maintenance of pollution
control equipment;
(n) Requirements to develop and implement spill and slug control plans;
(o) Other conditions as deemed appropriate by the control authority to
ensure compliance with this chapter, state and federal pretreatment
standards and requirements including a requirement that the user shall
deliver to the control authority a copy of the permit which is acknowledged,
agreed to and executed by an authorized representative of the user
in order for the permit to be effective;
(p) Statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements;
(q) Statement of nontransferability;
(r) Conditions for modification or revocation of permit.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Wastewater discharge permits shall be issued for a specified
time period, not to exceed five years. The user shall apply for permit
reissuance at least 180 days prior to the expiration of the user's
existing permit.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a wastewater discharge permit as required by Section
29-68, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing wastewater discharge permit shall submit to the control authority within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by Paragraph (b)(8) and (9) of Section
29-68.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Wastewater discharge permits are issued to a specific process
or operation. A wastewater discharge permit shall not be reassigned
or transferred or sold to a new owner, new user, different premises
or a new or changed operation without prior approval of the control
authority.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
Any aggrieved person, including a nondomestic user, may petition
the administrative committee to reconsider the terms of a wastewater
discharge permit ("permit") within 30 days of the permit issuance.
(a) Failure to file a timely petition for review of the permit issuance
shall be deemed a waiver of any and all administrative appeal rights.
(b) In the appeal petition, the appealing party shall indicate those
portions of the permit objected to; the reasons for the objection;
and any alternative conditions, if any, the applicant seeks to establish
in the permit.
(c) During the pendency of the appeal, all terms and conditions of the
newly issued permit, which are not contested, shall remain in full
force and effect. During the pendency of the appeal and until a final
administrative determination by the administrative committee, the
prior permit requirements shall apply to any contested portions.
(d) The administrative committee shall deny the appeal; grant the appeal;
or grant the appeal with conditions within 30 days of the appeal request.
The administrative committee may table the additional appeal request
within the thirty-day period to request additional information from
the applicant. The decision of the administrative committee shall
be final administrative action for purposes of judicial review.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a) Nondomestic users shall provide and maintain in safe and proper condition,
at their own expense, facilities to allow the authorized representatives
of the control authority, EPA or the state to inspect, sample, or
measure flows from wastewater subject to this chapter.
(b) There shall be ample room in or near facilities to allow accurate
sampling and preparation of samples for analysis.
(c) If locating such facilities on a user's property would be impractical,
the user may apply to the City for a right-of-way or for permission
to construct on public property.
(d) The control authority may require a suitable control manhole located
on the nondomestic user's premises, which shall be installed on the
building sewer when deemed necessary by the control authority. When
such a location would be impractical or cause undue hardship on the
user, the City may allow such facility to be constructed in the public
right-of-way, with the approval of the public agency having jurisdiction
over such right-of-way, and located so that it will not be obstructed
by public utilities, landscaping or parked vehicles. The manhole shall
be installed by the owner at his or her expense, and shall be maintained
by him or her to be safe and accessible at all times.
Whether constructed on public or private property, the control
manhole shall be constructed in accordance with the control authority's
requirements and all applicable construction standards and specifications.
When more than one user can discharge into a common sewer, the
control authority may require installation of separate monitoring
equipment and control manhole for each user. When there is a significant
difference in wastewater constituents and characteristics produced
by different operations of a single user, the control authority may
require that separate monitoring facilities be installed for each
separate discharge.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a) Bypass not violating applicable pretreatment standards or requirements.
A nondomestic user may allow any bypass to occur which does not violate
pretreatment standards or requirements, but only if it also is for
essential maintenance to assure efficient operation. These bypasses
are not subject to (b) and (c) hereafter.
(b) Notice.
(1)
If a nondomestic user knows in advance of the need for a bypass,
it shall submit prior notice to the superintendent, if possible at
least 10 days before the date of the bypass.
(2)
A nondomestic user shall orally notify the superintendent of
an unanticipated bypass that exceeds applicable pretreatment standards
or requirements within 24 hours of becoming aware of the bypass. A
written submission shall also be provided within five days of becoming
aware of the bypass. The written submission shall contain a description
of the bypass and its cause; the duration of the bypass, including
exact times and dates, and if the bypass has not been corrected, the
anticipated time it is expected to continue and steps taken or planned
to reduce, eliminate, and prevent recurrence of the bypass.
(c) Prohibition of bypass.
(1)
A bypass is prohibited and the control authority may take enforcement
action against an individual user for a bypass, unless:
a.
The bypass was unavoidable to prevent loss of life, personal
injury or severe property damage;
b.
There are no feasible alternatives to bypass, such as use of
auxiliary treatment facilities, retention of wastes or maintenance
during normal periods of equipment downtime. This condition is not
satisfied if adequate backup equipment should have been installed
to prevent bypass which occurred during normal periods of equipment
downtime or preventative maintenance;
c.
The user submitted notices as required by Paragraph (b) of this
section.
(2)
The control authority may approve an anticipated bypass, after
considering its adverse effects, if the control authority determines
that it will meet the three conditions listed in Paragraph (c)(1)
of this section. However, such approval does not limit cost recovery
by or indemnification of the control authority.
[Ord. No. 1323, 12-5-2001; Ord. No. 1516, 9-3-2008]
(a) An upset shall constitute an affirmative defense to an action brought
for noncompliance with pretreatment standards if the requirements
of Paragraph (b) are met.
(b) A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs,
or other relevant evidence that:
(1)
An upset occurred and the user can identify the cause(s) of
the upset;
(2)
The facility was at the time being operated in a prudent and
workmanlike manner and in compliance with applicable operation and
maintenance procedures.
(3)
The user has submitted the following information to the superintendent
and control authority within 24 hours of becoming aware of the upset
(if this information is provided orally, a written submission must
be provided within five days):
a.
A description of the 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;
c.
Steps being taken and/or planned to reduce, eliminate and prevent
recurrence of the noncompliance.
(c) In any enforcement proceeding the industrial user seeking to establish
the occurrence of an upset shall have the burden of proof.
(d) In the usual exercise of prosecutorial discretion, control authority
enforcement personnel should review any claims that noncompliance
was caused by an upset. No determinations made in the course of the
review constitute final control authority action subject to judicial
review. Users will have the opportunity for a judicial determination
on any claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(e) A nondomestic user shall control production and all discharges to
the extent necessary to maintain compliance with 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 facility is reduced,
lost or fails. This may not be a defense against cost recovery by
or indemnification of the control authority.