(a) 
Notification regarding nature and characteristics of wastewater.
All nondomestic users must notify the environmental officer of the nature and characteristics of their wastewater prior to commencing their discharge. The environmental officer is authorized to prepare a form for this purpose.
(b) 
Violations.
It shall be unlawful for significant industrial users to discharge wastewater, whether directly or indirectly, into the city’s sanitary sewer system without first obtaining an industrial user pretreatment permit from the city. Any violation of the terms and conditions of an industrial user wastewater permit shall be deemed a violation of this article. Obtaining an industrial user wastewater discharge permit does not relieve a permittee of its obligation to obtain other permits required by federal, state, or local law.
(c) 
Requirements for users such as liquid waste haulers.
The environmental officer may require that other industrial users, including liquid waste haulers, obtain industrial user wastewater discharge permits as necessary to carry out the purposes of this article.
(d) 
Time period for obtaining permit and for submission of application.
All existing significant users connected to or contributing to the POTW shall obtain a wastewater discharge permit within 180 days after the effective date of the ordinance from which this article is derived. The application must be submitted to the control authority within 90 days after the effective date of the ordinance from which this article is derived.
(e) 
New connections.
Any significant industrial user proposing to begin or recommence discharging nondomestic wastes into the sanitary sewer system must obtain a wastewater discharge permit prior to beginning or recommencing such discharge. For categorical industrial users, a baseline monitoring report (see section 22.10.092) will be used as an application for this permit and must be filed at least 90 days prior to commencement of discharge. For noncategorical industrial users, a permit application must be filed in accordance with section 22.10.062.
(f) 
Reapplication.
Once permitted, the industrial user has the duty to reapply if the permittee wishes to continue an activity regulated by the permit after the expiration date of the permit. The industrial user must submit an application for a new permit at least 90 days before the expiration of the permit in accordance with section 22.10.062. The application form may be obtained from the control authority.
(1993 Code, sec. 52.040; 2006 Code, sec. 82-271; Ordinance 336, sec. 7, adopted 6/1/92)
(a) 
Completion of form; filing; information to be included.
Significant industrial users required to obtain an industrial wastewater discharge permit shall complete and file with the environmental officer an application upon a form provided by the city. A permit fee shall accompany the application. In support of the application, the significant industrial user shall submit the following information:
(1) 
Identifying information.
The user shall submit the name and address of the facility, including the name of the operators and owners.
(2) 
Permits.
The user shall submit a list of any environmental control permits held by or for the facility.
(3) 
Description of operations.
The user shall submit a brief description of the nature, average rate of production, and the Standard Industrial Classification of the operation carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(4) 
Flow measurement.
The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
(A) 
Regulated process streams; and
(B) 
Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e).
The control authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
(5) 
Sampling and analysis.
Wastewater constituents and characteristics, including but not limited to those mentioned in this article and any federal, state or local standards. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act, in 40 CFR 136, as amended, and in 40 CFR 403.12(b)(5), as amended.
(6) 
Certification.
A statement, reviewed by an authorized representative of the industrial user (as defined in section 22.10.097), and certified to by a qualified professional, indicating whether 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 industrial user to meet the pretreatment standards and requirements.
(7) 
Compliance schedule.
If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or operation and maintenance. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to the schedule required by this section:
(A) 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing plans, executing contract for major components, commencing construction, completing construction, and the like).
(B) 
No increment referred to in subsection (a)(7)(A) of this section shall exceed nine months.
Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the control authority.
(8) 
Other information.
Any other information as deemed necessary by the city to evaluate the permit application.
(b) 
Determination.
The environmental officer shall issue a permit if he determines that pretreatment facilities are adequate for efficient treatment and that discharged wastes will comply with the requirements of sections 22.10.031 and 22.10.032 and state or federal pretreatment standards, if applicable.
(1993 Code, sec. 52.041; 2006 Code, sec. 82-272; Ordinance 336, sec. 13, adopted 6/1/92)
Industrial wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Permits shall contain, but not be limited to, the following:
(1) 
Statement of duration (in no case more than five years);
(2) 
Statement of nontransferability without, at a minimum, prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator;
(3) 
Effluent limits based on applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits, and state and local law;
(4) 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards, local limits, and state and local law;
(5) 
Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines.
(1993 Code, sec. 52.042; 2006 Code, sec. 82-273; Ordinance 336, sec. 14, adopted 6/1/92)
(a) 
Permit duration.
Permits shall be issued for a specified period, not to exceed five years. A permit may be issued for a period less than five years, at the discretion of the environmental officer.
(b) 
Permit appeals.
The environmental officer will provide all interested persons with notice of final permit decisions. Upon notice by the environmental officer, any person, including the industrial user, may petition to appeal the terms of the permit within 30 days of the notice to the environmental appeals committee.
(1) 
Failure to submit a timely petition for review shall be deemed to be a waiver of the appeal.
(2) 
In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to be placed in the permit.
(3) 
The effectiveness of the permit shall not be stayed pending a reconsideration by the environmental appeals committee. If, after considering the petition and any arguments put forth by the environmental officer, the committee determines that reconsideration is proper, it shall remand the permit back to the environmental officer for reissuance. Those permit provisions being reconsidered by the environmental officer shall be stayed pending reissuance.
(4) 
An environmental appeals committee decision not to reconsider a final permit shall be considered final administrative action for purposes of judicial review.
(c) 
Permit action.
The control authority has the power to deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by an industrial user where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit. The environmental officer may modify the permit for good cause, including but not limited to the following:
(1) 
To incorporate any new or revised federal, state, of local pretreatment standards or requirements.
(2) 
Material or substantial alterations or additions to the discharger’s operation processes or discharge volume or character which were not considered in drafting the effective permit.
(3) 
A change in any condition in whether [either] the industrial user or 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 control authority’s collection and treatment systems, POTW personnel or the receiving waters.
(5) 
Violation of any terms or conditions of the permit.
(6) 
Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.
(7) 
Revision of or a grant of variance from such categorical standards pursuant to 40 CFR 403.13.
(8) 
To correct typographical or other errors in the permit.
(9) 
To reflect transfer of the facility ownership and/or operation to a new owner/operator.
(10) 
Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.
The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(d) 
Permit transfer.
Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the environmental officer.
(1) 
The permittee must give at least 30 days’ advance notice to the environmental officer.
(2) 
The notice must include a written certification by the new owner which:
(A) 
States that the new owner has no immediate intent to change the facility’s operations and processes;
(B) 
Identifies the specific date on which the transfer is to occur;
(C) 
Acknowledges full responsibility for complying with the existing permit.
(e) 
Permit termination.
Pretreatment permits may be terminated for reasons including but not limited to the following:
(1) 
Falsifying self-monitoring reports.
(2) 
Tampering with monitoring equipment.
(3) 
Refusing to allow timely access to the facility premises and records.
(4) 
Failure to meet effluent limitations.
(5) 
Failure to pay fines.
(6) 
Failure to pay sewer charges.
(7) 
Failure to meet compliance schedules.
(f) 
Permit reissuance.
The user shall apply for permit reissuance by submitting a complete permit application a minimum of 90 days prior to the expiration of the user’s existing permit.
(g) 
Continuation of expired permits.
An expired permit will continue to be effective and enforceable until the permit is reissued if:
(1) 
The industrial user has submitted a complete permit application at least 90 days prior to the expiration date of the user’s permit.
(2) 
The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the industrial user.
(1993 Code, sec. 52.043; 2006 Code, sec. 82-274; Ordinance 336, sec. 16, adopted 6/1/92)