(a) No significant industrial user shall discharge wastewater to the POTW(s) without first obtaining a wastewater discharge permit from the director, except that a significant industrial user who has filed a timely application as required by section
13-2-191 of this division may continue to discharge for the time period specified therein.
(b) The
director may require a user to obtain a wastewater discharge permit
if necessary to carry out the purposes and objectives of this division.
(c) Any
violation of the terms and conditions of an individual wastewater
discharge permit shall be deemed a violation of this division and
subjects the permittee to the sanctions contained in this division.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a) The director will evaluate the application submitted by the user in the timeframe specified in section
13-2-191(e) and may require additional information. After review, the director will determine whether the user meets the requirements of this division and whether a wastewater discharge permit can be issued or reissued.
(b) The director may deny any application for a wastewater discharge permit which requests new or increased contributions or changes in the nature of pollutants to the POTW(s) which would not allow the objectives set forth in section
13-2-101 to be met, or for which a permit is no longer required.
(c) Obtaining
a wastewater discharge permit does not relieve the permittee of its
obligation to comply with all federal, state and local pretreatment
standards or requirements or with any other federal, state, and local
laws.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a) A
wastewater discharge permit shall include such conditions as are deemed
reasonably necessary by the director to prevent pass through or interference,
protect the quality of the water body receiving the treated effluent
from the POTW(s), safeguard worker health and safety, facilitate sludge
management and disposal, protect against damage to the POTW(s), and
maintain reuse alternatives.
(b) Wastewater
discharge permits shall contain, and the permittee shall approve and
consent to, at a minimum, the following conditions:
(1) Duration of the term of the permit will be for a specified time period
not to exceed five (5) years;
(2) A statement that the wastewater discharge permit is not transferable without prior notification to the director in accordance with section
13-2-226 of this division, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits, including local limits, authority local limits,
and best management practices, based on all applicable pretreatment
standards;
(4) Self-monitoring, sampling, documentation, reporting, notification,
and recordkeeping requirements. These requirements shall include an
identification of pollutants (or best management practices) to be
monitored, sampling location, sampling frequency, sampling requirements
and sample type based on federal, state, and local law (any approved
alternative sampling protocols must be specified in the user’s
permit), as well as any reporting due dates;
(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, and local law;
(6) Right of the authority to (after informal notice to the user) immediately
and effectively halt or prevent any discharge of pollutants to the
POTW which reasonably appears to present an imminent endangerment
to the health and welfare of persons, the environment or which threatens
to interfere with the operation of the POTW;
(7) Right of the authority to develop best management practices (BMPs),
by ordinance or in individual wastewater discharge permits to implement
local limits, authority local limits, and requirements;
(8) Right of entry and search warrants and other remedies as provided
herein;
(9) Requirement to control slug discharges if determined by the POTW
to be necessary;
(10) Requirement for development and implementation of slug control plans
or other special conditions including waste minimization plan or management
practices necessary to adequately prevent accidental, unanticipated,
or non-routine discharges;
(11) A statement that compliance with the permit does not relieve the
permittee of responsibility for compliance with all applicable federal,
state and local pretreatment standards, including those which become
effective during the term of the permit; and
(12) Other requirements and/or conditions found necessary by the director
to comply with the objectives of this division.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a) The
permittee may petition the director to reconsider the terms of a wastewater
discharge permit within thirty (30) days of its issuance. Failure
to submit a petition for review shall be deemed to be a waiver of
the administrative appeal.
(b) In
the petition, the permittee must indicate the wastewater discharge
permit provision objected to, the reasons for the objection, and the
alternative condition, if any, the permittee seeks to place in the
wastewater discharge permit.
(c) The
conditions of the wastewater discharge permit shall not be stayed
pending the appeal.
(d) If
the director fails to act within sixty (60) days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider a wastewater
discharge permit or not to modify a wastewater discharge permit shall
be considered final administrative action for purposes of judicial
review.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a) The
director may modify a 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 permittee’s
operations, processes, or wastewater volume or character since the
time of wastewater discharge permit issuance;
(3) A change in the POTW(s) that requires a temporary or permanent reduction
or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat
to the POTW(s’) personnel, reuse alternatives, sludge disposal,
or the receiving stream;
(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) Revisions of or a grant of a 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 allowed under the conditions of this division.
(b) A
permittee is responsible for notifying the control authority of significant
changes to its flow, pollutant discharges, categorical status, or
other conditions which may result in the need for permit modifications.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a) Wastewater
discharge permits may be transferred to a new user only if the permittee
gives at least thirty (30) days advance notice to the director and
the director approves the wastewater discharge permit transfer. The
notice to the director must include a written certification by the
new user which:
(1) States that the new user has no intent to change the facility’s
operations and processes at the time of the transfer of ownership;
(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 written notice of a transfer renders the wastewater
discharge permit void as of the date of the property transfer.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a) The
director may revoke a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
(1) Failure to provide notification to the director of significant changes
to the permittee’s discharges prior to the changed discharge;
(2) Failure to provide prior notification to the director of changed conditions as defined in sections
13-2-225(b) and
13-2-268 of this division;
(3) Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4) Falsification of self-monitoring reports and certification statements;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the director timely access to the subject premises
and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines or sewer charges;
(9) Failure to meet compliance schedules;
(10) Failure to complete a wastewater discharge application;
(11) Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
(12) Violation of any pretreatment standard or requirement, or any terms
of the wastewater discharge permit or this division.
(b) If
the director determines there is sufficient cause to revoke a permit,
the permittee will be notified and offered the opportunity to show
cause under the conditions of this division why the proposed action
should not be taken.
(c) Wastewater discharge permits shall be revoked upon cessation of operations or transfer of business ownership without complying with section
13-2-226(a).
(d) All
prior wastewater discharge permits issued to a particular user are
void upon the issuance of a new wastewater discharge permit to that
user.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
A permittee with an expiring wastewater discharge permit shall apply for a wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section
13-2-191 of this division, a minimum of ninety (90) days prior to the expiration of the existing wastewater discharge permit unless a shorter timeframe is authorized by the director due to extenuating circumstances.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)