[Ord. No. 3393 §1, 4-20-2010]
An individual wastewater discharge permit shall be issued for
a specified time period, not to exceed five (5) years from the effective
date of the permit. An individual wastewater discharge permit may
be issued for a period less than five (5) years at the discretion
of the Superintendent. Each individual wastewater discharge permit
will indicate a specific date upon which it will expire.
[Ord. No. 3393 §1, 4-20-2010]
A.
An
individual wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the Superintendent 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 and protect against
damage to the POTW.
1.
Individual wastewater discharge permits must contain:
a.
A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date;
b.
A statement that the wastewater discharge permit is non-transferable without prior notification to the City in accordance with Section 725.250 of this Chapter and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
c.
Effluent limits, including Best Management Practices, based on applicable
pretreatment standards;
d.
Self monitoring, sampling, reporting, notification and record keeping
requirements. These requirements shall include an identification of
pollutants (or best management practice) to be monitored, sampling
location, sampling frequency and sample type based on Federal, State
and local law.
e.
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.
f.
Requirements to control slug discharge, if determined by the Superintendent
to be necessary.
2.
Individual wastewater discharge permits may contain, but need not
be limited to, the following conditions:
a.
Limits on the average and/or maximum rate of discharge, time of discharge
and/or requirements for flow regulation and equalization;
b.
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;
c.
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;
d.
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
e.
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
f.
Requirements for installation and maintenance of inspection and sampling
facilities and equipment, including flow measurement devices;
g.
A statement that compliance with the individual wastewater discharge
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 individual wastewater
discharge permit; and
h.
Other conditions as deemed appropriate by the Superintendent to ensure
compliance with this Chapter and State and Federal laws, rules and
regulations.
[Ord. No. 3393 §1, 4-20-2010]
A.
The
Superintendent may modify an individual wastewater discharge permit
for good cause including, but not limited to, the following reasons:
1.
To incorporate any new or revised Federal, State or local pretreatment
standards or requirements;
2.
To address significant alterations or additions to the user's operation,
processes or wastewater volume or character since the time of the
individual wastewater discharge 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 City's POTW, City personnel or the receiving waters;
5.
Violation of any terms or conditions of the individual wastewater
discharge permit;
6.
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
7.
Revision 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 individual wastewater
discharge permit;
9.
To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 725.250; or
10.
A change in the POTW's NPDES permit.
[Ord. No. 3393 §1, 4-20-2010]
A.
Individual
wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least sixty (60) days' advance
notice to the Superintendent and the Superintendent approves the individual
wastewater discharge permit transfer. The notice to the Superintendent
must include a written certification by the new owner or operator
which:
B.
Failure
to provide advance notice of a transfer renders the individual wastewater
discharge permit void as of the date of facility transfer.
[Ord. No. 3393 §1, 4-20-2010]
A.
The
Superintendent may revoke an individual wastewater discharge permit
for good cause including, but not limited to, the following reasons:
1.
Failure to notify the Superintendent of significant changes to the
wastewater prior to the changed discharge;
2.
Failure to provide prior notification to the Superintendent of changed conditions pursuant to Section 725.330 of this Chapter;
3.
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
4.
Falsifying self-monitoring reports and certification statements;
5.
Tampering with monitoring equipment;
6.
Refusing to allow the Superintendent timely access to the facility
premises and records;
7.
Failure to meet effluent limitations;
8.
Failure to pay fines;
9.
Failure to pay fees or sewer charges;
10.
Failure to meet compliance schedules;
11.
Failure to complete a wastewater survey or the wastewater discharge
permit application;
12.
Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
13.
Violation of any pretreatment standard or requirement or any terms
of the wastewater discharge permit under this Chapter.
14.
Individual wastewater discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All individual wastewater
discharge permits issued to a user are void upon the issuance of a
new individual wastewater discharge permit to that user.
[Ord. No. 3393 §1, 4-20-2010]
A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit re-issuance by submitting a complete permit application, in accordance with Section 725.190 of this Chapter, a minimum of ninety (90) days prior to the expiration of the user's existing individual wastewater discharge permit.
[Ord. No. 3393 §1, 4-20-2010]
A.
If
another municipality, sewer district, water district or user located
within another municipality (collectively referred to as a "municipality")
contributes wastewater to the POTW, the City shall enter into an intermunicipal
agreement with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection (A) above, the Superintendent shall request the following information from the contributing municipality:
C.
An intermunicipal agreement, as required by Subsection (A) above, shall contain the following conditions:
1.
A requirement for the contributing municipality to adopt a sewer
use ordinance which is at least as stringent as this Chapter and local
limits which are at least as stringent as those set out in this Chapter.
The requirement shall specify that such ordinance and limits must
be revised as necessary to reflect changes made to the City's ordinances
or local limits;
2.
A requirement for the contributing municipality to submit a revised
user inventory on at least an annual basis;
3.
A provision specifying which pretreatment implementation activities,
including individual wastewater discharge permit issuance, inspection
and sampling and enforcement, will be conducted by the contributing
municipality; which of these activities will be conducted by the Superintendent;
and which of these activities will be conducted jointly by the contributing
municipality and the Superintendent;
4.
A requirement for the contributing municipality to provide the Superintendent
with access to all information that the contributing municipality
obtains as part of its pretreatment activities;
5.
Limits on the nature, quality and volume of the contributing municipality's
wastewater at the point where it discharges to the POTW;
6.
Requirements for monitoring the contributing municipality's discharge;
7.
A provision ensuring the Superintendent access to the facilities
of users located within the contributing municipality's jurisdictional
boundaries for the purpose of inspection, sampling and any other duties
deemed necessary by the Superintendent; and
8.
A provision specifying remedies available for breach of the terms
of the intermunicipal agreement.
9.
The intermunicipal agreement shall specify that the City has the
right to take action to enforce the terms of the contributing municipality's
ordinance or to impose and enforce its pretreatment standards and
requirements directly against dischargers in the event the contributing
municipality is unable or unwilling to take such action.
10.
Agreement to discontinue potable water service if necessary or required
as part of enforcement or other action.
