[Ord. No. 190408E, 4-22-2019]
A.
No significant industrial user shall discharge wastewater into the
POTW without first obtaining a wastewater discharge permit from the
Director; the permit must be enforceable and contain all the elements
as required by 40 CFR 403.8(f)(1)(iii)(B). Any violation of the terms
and conditions of a wastewater discharge permit shall be deemed a
violation of this Chapter and subjects the wastewater discharge permittee
to the sanctions set forth in this Chapter. Obtaining a wastewater
discharge permit does not relieve a permittee of its obligation to
comply with all Federal and State pretreatment standards or requirements
or with any other requirements of Federal, State, and local law. The
Director may require other users, including liquid waste haulers,
to obtain wastewater discharge permits as necessary to carry out the
purposes of this Chapter.
B.
Wastewater Discharge Permitting: Existing SIU. Any SIU that was discharging wastewater into the POTW prior to the effective date of this Chapter and that wishes to continue such discharges in the future shall, within sixty (60) days after notification by the Director, submit a permit application to the City in accordance with Section 710.330 of this Chapter, and shall not cause or allow discharges to the POTW to continue after ninety (90) days after the effective date of this Chapter except in accordance with a wastewater discharge permit issued by the Director.
C.
Wasterwater Discharge Permitting: New Source And New User. At least ninety (90) days prior to the anticipated start-up, any new source, which is a source that becomes a user subsequent to the proposal of an applicable categorical pretreatment standard that is later promulgated, and any new user considered by the City to fit the definition of SIU shall apply for a wastewater discharge permit and will be required to submit to the City at least the information listed in Section 710.330(A)(1) — (A)(5). A new source or new user cannot discharge without first receiving a wastewater discharge permit from the City. New sources and new users shall also be required to include in their application information on the method of pretreatment they intend to use to meet applicable pretreatment standards. New sources and new users shall also be required to include in their application information on the method of pretreatment they intend to use to meet applicable pretreatment standards. New sources and new users shall give estimates of the information requested in Section 710.330(A)(3) — (A)(5).
D.
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.
E.
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 that 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.
[Ord. No. 190408E, 4-22-2019]
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, including the name of the owner or
operators.
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 710.230 and 710.240 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 plan, floorplans, 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. The user shall take a minimum of one (1) representative
sample to compile that data necessary to comply with the requirements
of this Section. The sample shall be representative of daily operations
and shall conform to sampling and analytical procedures and requirements
as outlined in this Section.
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 application
information.
13.
Any environmental control permits held by or for the facility.
14.
Average and maximum daily volume flows to the POTW for each
regulated process stream and other streams as necessary to use the
combined wastestream 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.
17.
Incomplete or inaccurate applications will not be processed
and will be returned to the user for revision.
[Ord. No. 190408E, 4-22-2019]
A.
All permit applications and industrial user reports must contain
the following certification statement and be signed by a responsible
officer or manager, or sole proprietor or general partner as applicable,
or duly authorized representative of the industrial user:
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"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 managed 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."
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"All samples and measurements taken are to the best of my knowledge
representative of the permitted wastewater discharge."
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"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."
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A duly authorized representative is an individual designated
by the responsible officer, manager, sole proprietor or general partner
in writing. The written authorization must be submitted to the City
and also specifies either an individual or a position having the responsibility
of the overall operation of the facility from with 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. If an authorization in 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 this Section must be submitted to the City prior
to or together with any reports to be signed by an authorized representative.
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[Ord. No. 190408E, 4-22-2019]
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.
[Ord. No. 190408E, 4-22-2019]
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 filling of a request by the permittee for a wastewater contribution
permit modification does not stay any wastewater contribution permit
condition.
[Ord. No. 190408E, 4-22-2019]
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 (or best management practice) 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 discharge 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 the 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.
[Ord. No. 190408E, 4-22-2019]
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.
[Ord. No. 190408E, 4-22-2019]
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.
Provided that the ninety (90) day notice required above occurred
and there were no significant changes to the manufacturing operation
or wastewater discharge, the new owner will be considered an existing
user and will be covered by the existing limits and requirements in
the previous owner's permit. The notice to the Director must include
a written certification by the new owner and/or operator which:
B.
Failure to provide such advance notice of a transfer render the wastewater
contribution permit voidable from the date of facility transfer.
[Ord. No. 190408E, 4-22-2019]
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 710.291(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 of any
terms of the wastewater contribution permit or this Chapter.
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.
[Ord. No. 190408E, 4-22-2019]
A user with an expiring wastewater contribution permit shall apply for wastewater contribution permit reissuance by submitting a complete permit application in accordance with Section 710.330, a minimum of ninety (90) days prior to the expiration of the industrial user's existing wastewater contribution permit.
[Ord. No. 190408E, 4-22-2019]
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.
[Ord. No. 190408E, 4-22-2019]
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.
