[R.O. 2017 § 700.340; Ord. No. 04-40 § 5-1, 10-19-2004]
A. 
Significant industrial users proposing to connect or contribute to the POTW shall obtain a wastewater contribution permit before connecting or contributing to the POTW.
B. 
All existing significant industrial users who are connected to the POTW system prior to the effective date of this Chapter shall obtain a wastewater contribution permit within one hundred eighty (180) days after the effective date of this Chapter.
C. 
Prior to the commencement of any increase or change in an industrial user's contribution of pollutants to the POTW, the industrial user shall notify the POTW. If the increase or change causes the industrial user to become a significant industrial user, they shall apply for and obtain a permit to cover such increase or change. Any increase or change in an industrial user's contribution of pollutants to the POTW without prior approval is prohibited.
D. 
An industrial user will be exempted from obtaining a wastewater contribution permit if the Director determines the industrial user is contributing only domestic waste. At any time an industrial user is determined by the Director to be a significant industrial user, such industrial user shall apply for a wastewater contribution permit within sixty (60) days of notification and shall obtain such permit within one hundred twenty (120) days after application.
[R.O. 2017 § 700.350; Ord. No. 04-40 § 5-2, 10-19-2004]
A. 
Significant industrial users shall complete and file with the Director a wastewater contribution permit application in the form prescribed by the Director and shall certify its true accuracy and completeness in the manner and form specified in 40 CFR 403. In support of and with the application, the significant industrial user shall submit in units and terms appropriate for evaluation, the following:
1. 
Name, address and location, if different from the address, of the significant industrial user.
2. 
SIC number according to the Standard Industrial Classification Manual, Office of Management and Budget, latest edition.
3. 
Wastewater constituents and characteristics including, but not limited to, those mentioned in Sections 700.220 and 700.230 as determined by an approved laboratory. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 1204(g) of the Act and contained in 40 CFR 136, as amended.
4. 
Time and duration of contribution.
5. 
Average daily and maximum wastewater flow rates, including daily, monthly and seasonal variations if any.
6. 
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances thereto by size, location and elevation.
7. 
Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged to the POTW.
8. 
The nature and concentration of any pollutants in the discharge which are limited by City, State or Federal pretreatment standards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the significant industrial user to meet pretreatment standards.
9. 
Each product produced by type, amount, process and rate of production, including daily, monthly and seasonal variations if any.
10. 
Type and amount of raw materials processed, average and maximum per day.
11. 
Number of employees, hours of plant operation and proposed or actual hours of operation of pretreatment system.
12. 
Such additional information as is deemed necessary or appropriate by the Director in order to evaluate the permit application. The Director may allow additional time, if necessary, in which to submit the additional information.
13. 
Any environmental control permits held by or for the facility.
14. 
Average and maximum daily flows to the POTW for each regulated process stream and other streams as necessary to use the combined waste stream formula of 40 CFR 403.6(e).
15. 
Monitoring requirements as specified in 40 CFR 403.12(b)(5).
16. 
Certification, by a qualified professional, indicating whether or not pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required.
[R.O. 2017 § 700.360; Ord. No. 04-40 § 5-3, 10-19-2004]
All permit applications and industrial user reports must contain the following certification statement and signed by an authorized representative of the industrial user:
"I certify under penalty of 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, the information submitted 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 fine and imprisonment for knowing violations.
All samples and measurements taken are to the best of my knowledge representative of the permitted wastewater discharge.
All sampling, measurements and analyses were conducted in accordance with guidelines prescribed in 40 CFR 136 and the wastewater contribution permit obtained from the City."
[R.O. 2017 § 700.370; Ord. No. 04-40 § 5-4, 10-19-2004]
The Director will evaluate the data furnished by the industrial user and may require additional information. Within one hundred twenty (120) days of receipt of a complete wastewater contribution permit application, the Director will determine whether or not to issue a wastewater contribution permit. If no determination is made within this time period, the application will be deemed denied. The Director may deny any application for a wastewater contribution permit.
[R.O. 2017 § 700.380; Ord. No. 04-40 § 5-5, 10-19-2004]
A. 
The Director may modify the wastewater contribution 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 requirements.
2. 
To address significant alterations or additions to the industrial user's operation, processes or wastewater volume or character since the time of wastewater contribution 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 POTW, POTW personnel or the receiving waters.
5. 
Violation of any terms or conditions of the wastewater contribution permit.
6. 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater contribution permit application or in any required reporting.
7. 
Revisions 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 contribution 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 contribution permit modification does not stay any wastewater contribution permit condition.
[R.O. 2017 § 700.390; Ord. No. 04-40 § 5-6, 10-19-2004]
A. 
Wastewater contribution permits shall include such conditions as are reasonably deemed necessary by the Director 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.
B. 
Wastewater contribution permits must contain the following conditions:
1. 
A statement that indicates wastewater contribution permit duration, which in no event shall exceed three (3) years.
2. 
A statement that the wastewater contribution permit is non-transferable without prior notification to and approval from the Director and provisions for furnishing the new owner or operator with a copy of the existing wastewater contribution permit.
3. 
Effluent limits applicable to the user based on applicable pretreatment standards in Federal, State and local law.
4. 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on Federal, State and local law.
5. 
A 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 time for compliance beyond that required by applicable Federal, State or local law.
C. 
Wastewater contribution 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. 
Requirements 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.
3. 
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or non-routine discharges.
4. 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
5. 
The unit charge or schedule of industrial user charges and fees for the wastewater discharged to the POTW.
6. 
Requirements for installation and maintenance of inspection and sampling facilities and equipment.
7. 
A statement that compliance with the wastewater contribution permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater contribution permit.
8. 
Requirements for notification to the Director prior to the commencement of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW.
9. 
Other conditions as deemed appropriate by the Director to ensure compliance with this Chapter and State and Federal laws, rules and regulations.
[R.O. 2017 § 700.400; Ord. No. 04-40 § 5-7, 10-19-2004]
Wastewater contribution permits shall be issued for a specified time period, not to exceed three (3) years from the effective date of the permit. A wastewater contribution permit may be issued for a period less than three (3) years, at the discretion of the Director. Each wastewater contribution permit will indicate a specific date upon which it will expire.
[R.O. 2017 § 700.410; Ord. No. 04-40 § 5-8, 10-19-2004]
A. 
Wastewater contribution permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least ninety (90) days' advance notice to the Director and the Director approves the wastewater contribution permit transfer. The notice to the Director must include a written certification by the new owner and/or operator which:
1. 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes.
2. 
Identifies the specific date on which the transfer is to occur.
3. 
Acknowledges full responsibility for complying with the existing wastewater contribution permit.
B. 
Failure to provide such advance notice of a transfer renders the wastewater contribution permit voidable from the date of facility transfer.
[R.O. 2017 § 700.420; Ord. No. 04-40 § 5-9, 10-19-2004]
A. 
The Director may revoke a wastewater contribution permit for good cause, including, but not limited to, the following reasons:
1. 
Failure to notify the POTW of significant changes to the wastewater prior to the changed discharge.
2. 
Failure to provide prior notification to POTW of changed conditions pursuant to Section 700.310(E).
3. 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater contribution permit application.
4. 
Falsifying self-monitoring reports.
5. 
Tampering with monitoring equipment.
6. 
Refusing to allow the Director 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, connection charges, or other applicable fees and charges as determined by the Director.
10. 
Failure to meet compliance schedules.
11. 
Failure to complete a wastewater questionnaire or the wastewater contribution 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 contribution permit or this Chapter.
14. 
Failure to provide notification to the POTW of potential problems pursuant to Section 700.310.
B. 
Wastewater contribution permits shall be voidable upon non-use, cessation of operations or transfer of business ownership. All wastewater contribution permits issued to a particular user are void upon the issuance of a new wastewater contribution permit to that user.
[R.O. 2017 § 700.430; Ord. No. 04-40 § 5-10, 10-19-2004]
A significant industrial user with an expiring wastewater contribution permit shall apply for wastewater contribution permit reissuance by submitting a complete wastewater contribution permit application in accordance with Section 700.350, a minimum of ninety (90) days prior to the expiration of the industrial user's existing wastewater contribution permit.
[R.O. 2017 § 700.440; Ord. No. 04-40 § 5-11, 10-19-2004]
A. 
An expired wastewater contribution permit will continue to be effective and enforceable until the wastewater contribution permit is reissued if:
1. 
The industrial user has submitted a complete wastewater contribution permit application at least ninety (90) days prior to the expiration of the user's existing wastewater contribution permit.
2. 
The failure to reissue the wastewater contribution permit, prior to expiration of the previous wastewater contribution permit, is not due to any act or failure to act on the part of the industrial user.
[R.O. 2017 § 700.450; Ord. No. 04-40 § 5-12, 10-19-2004]
A. 
Any person, including the industrial user, may petition the Director to reconsider the terms of a wastewater contribution permit within thirty (30) days of its issuance.
B. 
Failure to submit a petition for review within thirty (30) days shall be deemed to be a waiver of the administrative appeal.
C. 
In its petition, the appealing party must indicate the wastewater contribution permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater contribution permit.
D. 
The effectiveness of the wastewater contribution permit shall not be stayed pending the appeal.
E. 
If the Director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater contribution permit, not to issue a wastewater contribution permit, or not to modify a wastewater contribution permit shall be considered final administrative action for purposes of judicial review.