[Ord. 1073, 11/8/2007, § 5.1]
A wastewater discharge permit shall be issued for a specified
time period, not to exceed five years from the effective date of the
permit. A wastewater discharge permit may be issued for a period less
than five years, at the discretion of the City. Each wastewater discharge
permit will indicate a specific date upon which it will expire. The
permit may be administratively extended by the City as long as the
duration of the permit does not exceed five years.
[Ord. 1073, 11/8/2007, § 5.2]
1.
Wastewater discharge permits shall be expressly subject to specific
permit provisions contained therein as well as to provisions of this
Part and all other regulations, user charges and fees established
by the City. Wastewater discharge permits may include such conditions
as are reasonably deemed necessary by the City 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 City's collection system and
POTW. Such conditions may include, but are not limited to, the following:
A.
Wastewater discharge permits must contain:
(1)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years.
(2)
A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with § 18-429 of this Part, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(3)
Effluent limits based on applicable pretreatment standards;
the average and/or maximum wastewater constituents permitted in the
wastewater discharge.
(4)
Self monitoring, sampling, reporting, notification, and record-keeping
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, and reporting
frequency.
(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.
B.
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(1)
Limits on the average and/or maximum volume or 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
and slug prevention, control plans, solvent management plans, toxic
organic management plans or other special conditions including management
practices necessary to adequately prevent accidental, unanticipated,
or nonroutine 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 user charges and fees for the
management of 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 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 wastewater discharge
permit.
(8)
Requirements for maintaining and submitting technical reports
and plant records relating to wastewater discharges.
(9)
Compliance schedules.
(10)
Provisions for authorized City employees and agents to enter
and inspect the premises, including provisions for copying records,
inspecting monitoring equipment and sampling effluent.
(11)
Compliance with federal, state, and other government laws, rules,
and regulations.
(12)
Signatory requirements.
(13)
Other conditions as deemed appropriate by the City to ensure
compliance with this Part, and state and federal laws, rules, and
regulations.
C.
The zero discharge permit may require, among other things, that:
(1)
The zero discharge system be installed as proposed and be fully
operational.
(2)
All sewer drain lines in the facility be capped off and sealed.
(3)
The user notify the City in writing, and obtain a revised wastewater
discharge permit from the City before resuming discharge if he/she
wishes to reconnect to the sewer.
(4)
City personnel be authorized to enter such premises without
delay and at reasonable times for the purpose of inspection and as
otherwise authorized by this Part.
D.
The nonsignificant user permit may include the items listed in Subsection
1A and B of this section.
[Ord. 1073, 11/8/2007, § 5.3]
1.
The City may provide public notice of the issuance of a wastewater
discharge permit. Any person, including the user, may petition the
City to reconsider the terms of a wastewater discharge permit within
30 days of notice of its issuance.
A.
Failure to submit a timely written request for review shall be deemed
to be a waiver of the administrative appeal.
B.
The petitioner in its written request, must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
C.
During the pendency of a written request for a reconsideration and/or
an appeal, the effective date of the wastewater discharge permit shall
be stayed; provided, however, that the City shall have the right to
take any and all steps necessary to cause a cessation of any discharge
which would cause an immediate threat to the health and safety of
any person and/or would constitute a threat to the integrity of the
sanitary sewer system or the POTW.
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This section shall only be operative to stay the effective date
of the wastewater discharge permit where the City has affirmatively
responded to the application and granted a stay for such reasonable
time as the City deems necessary to consider the requests for reconsideration
and/or appeal and, furthermore, said stay of the permit shall only
be effective for the specific provisions of the permit which have
either been appealed and/or a request for reconsideration has been
submitted by the applicant. The request for reconsideration and/or
appeal shall not be considered a stay of the entire permit, but only
for those specific sections of the permit from which the applicant
is seeking relief.
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D.
The City shall act on the written request within a reasonable time period, not to exceed 90 days. The City's decision not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered a final administrative action provided that the petitioner may file an appeal pursuant to § 18-472 hereunder.
[Ord. 1073, 11/8/2007, § 5.4]
1.
The City may modify a wastewater discharge permit for good cause
including, but not limited to, the following reasons:
A.
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements.
B.
To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since the
time of wastewater discharge permit issuance.
C.
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge.
D.
Information indicating that the permitted discharge poses a threat
to the City's POTW, City personnel, or the receiving waters.
E.
Violation of any terms or conditions of the wastewater discharge
permit.
F.
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting.
G.
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13.
H.
To correct typographical or other errors in the wastewater discharge
permit.
I.
To reflect a transfer of the facility ownership or operation to a
new owner or operator.
2.
A user may apply for modification of a discharge permit by filing
a new application form showing substantial significant and material
changes that have been proposed since filing the original application.
No application for modification will be considered unless it demonstrates
such changes.
3.
After a review of the application and inspection of the facility,
the City may, at its discretion, modify the original permit. If such
application is rejected, the existing permit shall remain in full
force and effect.
4.
The user shall be informed of any proposed changes in his or her
permit at least 30 days prior to the effective date of change. Any
changes or new conditions in the permit shall include a hearing on
modifications to his or her permit in accordance with the provisions
of Part 1L.
[Ord. 1073, 11/8/2007, § 5.5]
1.
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 30 days' advance
notice to the City and the City approves the wastewater discharge
permit transfer. The notice to the City must include a written certification
by the new owner or operator which:
2.
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
[Ord. 1073, 11/8/2007, § 5.6]
1.
The City may revoke a wastewater discharge permit for good cause
including, but not limited to, the following reasons:
A.
Failure to provide prior notification to the City of changed conditions pursuant to § 18-438 of this Part.
B.
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application.
C.
Falsifying self-monitoring reports.
D.
Tampering with monitoring equipment.
E.
Refusing to allow the City timely access to the facility premises
and records.
F.
Failure of the user to meet the effluent limitations contained in
the wastewater discharge permit.
G.
Failure to pay fines after the appeal process has been exhausted.
H.
Failure to pay sewer charges.
I.
Failure to meet compliance schedules.
J.
Failure to complete a wastewater survey or the wastewater discharge
permit application.
K.
Failure to provide advance notice of the transfer of business ownership
of a permitted facility.
L.
Violation of any pretreatment standard or requirement, or any terms
of the wastewater discharge permit or this Part.
2.
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
[Ord. 1073, 11/8/2007, § 5.7]
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 18-422 of this Part, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. Having met this requirement the user's existing permit shall remain in effect until a new permit is issued.
[Ord. 1073, 11/8/2007, § 5.8]
Before any further discharge of industrial wastewater may be
made by a user whose permit has been revoked, the user must apply
for, and be granted, a reinstatement of the terminated permit, or
a new permit, as the City may require, and pay any delinquent fees
and all fines, charges, and other costs occasioned by the violation.
Costs shall include, but not be limited to: inspection, monitoring,
sampling and related expenses; restitution to other affected parties;
reasonable attorney's fees incurred by the City in enforcing
the permit; disconnecting and reconnecting the user to the facility;
and other actual damages incurred due to the violation; provided,
that where there is a bona fide dispute between the user and any other
affected party, the user shall not be required to pay restitution
so long as the user shall show evidence of insurance or other security
that the user can pay said restitution to the affected party if it
is ultimately determined that the user is liable to said third parties.
Any such fines, fees, charges and costs shall be paid for by the user
before any new permit will be issued, except for the provision for
disputed restitution set forth above. When all costs cannot be readily
determined, the City may require and accept a bond or irrevocable
letter of credit which it considers sufficient and which will be subject
to appropriate adjustment after all costs have been determined.
[Ord. 1073, 11/8/2007, § 5.9]
1.
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the City shall enter into an intermunicipal
agreement with the contributing municipality.
2.
Prior to entering into an agreement required by Subsection 1, above, the City shall request the following information from the contributing municipality:
3.
An intermunicipal agreement, as required by Subsection 1, above, shall contain the following conditions:
A.
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Part and local limits which are at least as stringent as those set out in § 18-407 of this Part. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or local limits.
B.
A requirement for the contributing municipality to submit a revised
user inventory on at least an annual basis.
C.
A provision specifying which pretreatment implementation activities,
including 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 City; and which
of these activities will be conducted jointly by the contributing
municipality and the City.
D.
A requirement for the contributing municipality to provide the City
with access to all information that the contributing municipality
obtains as part of its pretreatment activities.
E.
Limits on the nature, quality, and volume of the contributing municipality's
wastewater at the point where it discharges to the POTW.
F.
Requirements for monitoring the contributing municipality's
discharge.
G.
A provision ensuring the City 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 City.
H.
A provision specifying remedies available for breach of the terms
of the intermunicipal agreement.
