Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the city manager. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(Ordinance 6444 adopted 1/3/22)
(a) 
Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the city manager 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 discharge permits shall contain the following conditions:
(1) 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;
(2) 
A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) 
Effluent limits, including BMPs, applicable to the user based on applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits, state and local law;
(4) 
Monitoring, sampling, reporting, notification, and recordkeeping requirements (3+ years, includes BMPs). These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits, state and local law;
(5) 
Statement of applicable administrative, criminal, and civil penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the time for compliance date beyond that required by applicable federal, state, or local law;
(6) 
Requirements to control slug discharge, if determined by the city manager to be necessary.
(c) 
Wastewater discharge 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) 
Limits on the instantaneous, daily, and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties;
(3) 
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 POTW;
(4) 
Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
(5) 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(6) 
The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW;
(7) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(8) 
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;
(9) 
Other conditions as deemed appropriate by the city manager to ensure compliance with this division, and state and federal laws, rules, and regulations.
(Ordinance 6444 adopted 1/3/22; Ordinance 6716 adopted 5/6/2024)
(a) 
Any person, including the industrial user, may petition the city to reconsider the terms of a wastewater discharge permit within thirty (30) days of its issuance or denial.
(b) 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(c) 
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.
(d) 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(e) 
If the city fails to act on such appeal within thirty (30) 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 action for purposes of judicial review.
(f) 
Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit decision must do so by filing a complaint with a court of competent jurisdiction for the county within sixty (60) days of the date of the decision.
(Ordinance 6444 adopted 1/3/22)
(a) 
The city manager may modify the wastewater discharge 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 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, the city’s personnel, or the receiving waters;
(5) 
Violations 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;
(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 discharge permit modification does not stay any wastewater discharge permit condition.
(Ordinance 6444 adopted 1/3/22)
(a) 
Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least thirty (30) days’ advance notice to the city manager and the city manager approves the wastewater discharge permit transfer. The notice to the city manager 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 anticipated date on which the transfer is to occur;
(3) 
Acknowledges full responsibility for complying with the existing wastewater discharge permit;
(4) 
Provides written notice of the actual date of transfer within thirty (30) days after such transfer date.
(b) 
Except where approved by the city manager, failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer.
(Ordinance 6444 adopted 1/3/22)
(a) 
Wastewater discharge permits may be revoked for the following reasons:
(1) 
Failure to notify the city of planned significant changes (see section 13.07.503) to the wastewater prior to the changed discharge;
(2) 
Failure to provide prior notification to the city of changed conditions pursuant to section 13.07.500, if such changes were known, or could have reasonably been anticipated by the discharger;
(3) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) 
Falsifying monitoring reports;
(5) 
Tampering with monitoring equipment;
(6) 
Refusing to allow the city 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, industrial surcharges, or pretreatment program fees;
(10) 
Failure to meet compliance schedules;
(11) 
Failure to complete a wastewater survey, a baseline monitoring report, or an application for the reissuance of a wastewater discharge permit;
(12) 
Failure to provide advance notice of the transfer of a permitted facility;
(13) 
Violation of any pretreatment standards or requirement, including best management practices, or any terms of the wastewater discharge permit or this division.
(b) 
Wastewater discharge permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit.
(Ordinance 6444 adopted 1/3/22; Ordinance 6716 adopted 5/6/2024)
A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with section 13.07.432 a minimum of ninety (90) days prior to the expiration of the industrial user’s existing wastewater discharge permit.
(Ordinance 6444 adopted 1/3/22)
An expired wastewater discharge permit will continue to be effective and enforceable until the permit is reissued if:
(1) 
The permittee has submitted a complete permit application at least ninety (90) days prior to the expiration date of the user’s existing permit;
(2) 
The failure to reissue the permit, prior to the expiration of the previous permit, is not due to any act or failure to act on the part of the permittee; and
(3) 
The expired wastewater discharge permit will not exceed a time period of five (5) years from the original issuance date until the permit is reissued.
(Ordinance 6444 adopted 1/3/22)
Wastewater permit conditions are specifically and independently enforceable regardless of whether they are expressly required by or set out in applicable regulations.
(Ordinance 6444 adopted 1/3/22)