[R.O. 1993 § 710.220; Ord. No.
2669 § 5.1, 2-8-1999]
A wastewater discharge permit shall be issued for a specified
time period, not to exceed one (1) year from the effective date of
the permit. A wastewater discharge permit may be issued for a period
less than one (1) year, at the discretion of the Superintendent. Each
wastewater discharge permit will indicate a specific date upon which
it will expire.
[R.O. 1993 § 710.230; Ord. No.
2669 § 5.2, 2-8-1999]
A. A 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.
Wastewater discharge permits must contain:
a.
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed one (1) year;
b.
A statement that the wastewater discharge permit is non-transferable without prior notification to the City in accordance with Section
710.260 of this Chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
c.
Effluent limits based on applicable pretreatment standards;
d.
Self monitoring, sampling, reporting, notification, and recordkeeping
requirement. These requirements shall include and identification of
pollutants to be monitored, sampling location, sampling frequency,
and sample type based on Federal, State, and local law; and
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.
2.
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;
g.
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; and
h.
Other conditions as deemed appropriate by the Superintendent
to ensure compliance with this Chapter, and State and Federal laws,
rules, and regulations.
[R.O. 1993 § 710.240; Ord. No.
2669 § 5.3, 2-8-1999]
A. The Superintendent shall provide public notice of the issuance of
a wastewater discharge permit. Any person, including the user, may
petition the Superintendent to reconsider the terms of a wastewater
discharge permit within thirty (30) days' of notice of its issuance.
1.
Failure to submit a timely petition for review shall be deemed
to be a waiver of the administrative appeal.
2.
In its petition, the appealing party 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.
3.
The effectiveness of the wastewater discharge permit shall not
be stayed pending the appeal.
4.
If the Superintendent fails to act within seven (7) days, a
request for reconsideration shall be deemed to be denied. Decisions
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 final administrative actions for purposes of judicial
review.
5.
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the court of the appropriate jurisdiction.
[R.O. 1993 § 710.250; Ord. No.
2669 § 5.4, 2-8-1999]
A. The Superintendent may modify a 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 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 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 wastewater discharge
permit; or
9.
To reflect a transfer of the facility ownership or operation
to a new owner or operator.
[R.O. 1993 § 710.260; Ord. No.
2669 § 5.5, 2-8-1999]
A. Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least seven (7) days'
advance notice to the Superintendent and the Superintendent approves
the wastewater discharge permit transfer. The notice to the Superintendent
must include a written certification by the new owner 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;
and
3.
Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
B. Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
[R.O. 1993 § 710.270; Ord. No.
2669 § 5.6, 2-8-1999]
A. The Superintendent may revoke a 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
710.340 of this Chapter;
3.
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
4.
Falsifying self-monitoring reports;
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;
9.
Failure to pay 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 or this Chapter.
B. 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.
[R.O. 1993 § 710.280; Ord. No.
2669 § 5.7, 2-8-1999]
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section
710.190 of this Chapter, a minimum of thirty (30) days prior to the expiration of the user's existing wastewater discharge permit.
[R.O. 1993 § 710.290; Ord. No.
2669 § 5.8, 2-8-1999]
A. If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the Superintendent shall enter
into an inter-municipal 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:
1.
A description of the quality and volume of wastewater discharged
to the POTW by the contributing municipality;
2.
An inventory of all users located within the contributing municipality
that are discharging to the POTW; and
3.
Such other information as the Superintendent may deem necessary.
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 Section
710.080 of this Chapter. 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;
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 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.