[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
An individual wastewater discharge permit shall be issued for
a specified time period, not to exceed five (5) years from the effective
date of the permit. An individual wastewater discharge permit may
be issued for a period less than five (5) years, at the discretion
of the Program Administrator. Each individual wastewater discharge
permit will indicate a specific date upon which it will expire.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A.
An individual wastewater discharge permit shall include such conditions
as are deemed reasonably necessary by the Program Administrator to
prevent pass-through or interference, protect the quality of the water
body receiving the treatment plants effluent, protect worker health
and safety, facilitate sludge management and disposal, and protect
against damage to the POTW.
1.
Individual wastewater discharge permits must contain:
a.
A statement that indicates the wastewater discharge permit issuance
date, expiration date and effective date.
b.
A statement that the wastewater discharge permit is non-transferable without prior notification to the City in accordance with Section 711.250 of this Chapter, and provisions for furnishing the new owner or Program Administrator with a copy of the existing wastewater discharge permit.
c.
Effluent limits, including best management practices, based
on applicable pretreatment standards.
d.
Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants (or best management practice) to be monitored, sampling
location, sampling frequency, and sample type based on Federal, State,
and local law.
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.
f.
Requirements to control slug discharge, if determined by the
Program Administrator to be necessary.
2.
Individual 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, including flow measurement
devices;
g.
A statement that compliance with the individual 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 individual wastewater
discharge permit; and
h.
Other conditions as deemed appropriate by the Program Administrator
to ensure compliance with this Chapter, and State and Federal laws,
rules, and regulations.
[Ord. No. 1333, 12-19-2022]
A.
The Superintendent shall provide public notice of the issuance of
a wastewater discharge permit. Any person, including the user, may
petition the Program Administrator 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 Program Administrator fails to act within fifteen (15)
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 34th Judicial Circuit Court of New Madrid and Pemiscot Counties
within the times prescribed by law.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A.
The Program Administrator may modify an individual 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 the individual 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 individual 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 individual wastewater
discharge permit; or
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A.
Individual wastewater discharge permits may be transferred to a new
owner or Superintendent only if the permittee gives at least sixty
(60) days' advance notice to the Program Administrator and the
Program Administrator approves the individual wastewater discharge
permit transfer. The notice to the Program Administrator must include
a written certification by the new owner or Superintendent which:
1.
States that the new owner and/or Superintendent 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
individual wastewater discharge permit.
B.
Failure to provide advance notice of a transfer renders the individual
wastewater discharge permit void as of the date of facility transfer.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A.
The Program Administrator may revoke an individual wastewater discharge
permit for good cause, including, but not limited to, the following
reasons:
1.
Failure to notify the Program Administrator of significant changes
to the wastewater prior to the changed discharge;
2.
Failure to provide prior notification to the Program Administrator of changed conditions pursuant to Section 711.330 of this Chapter;
3.
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
4.
Falsifying self-monitoring reports and certification statements;
5.
Tampering with monitoring equipment;
6.
Refusing to allow the Program Administrator 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;
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.
Individual wastewater discharge permits shall be voidable upon cessation
of operations or transfer of business ownership. All individual wastewater
discharge permits issued to a user are void upon the issuance of a
new individual wastewater discharge permit to that user.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 711.190 of this Chapter, a minimum of ninety (90) days prior to the expiration of the user's existing individual wastewater discharge permit.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A.
If another municipality, or user located within another municipality,
contributes wastewater to the POTW, the Program Administrator shall
enter into an inter-municipal agreement with the contributing municipality.
B.
Prior to entering into an agreement required by Subsection (A), above, the Program Administrator 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 Program Administrator may deem
necessary.
C.
An inter-municipal 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, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in Section 711.290 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 individual 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 Program
Administrator; and which of these activities will be conducted jointly
by the contributing municipality and the Program Administrator;
4.
A requirement for the contributing municipality to provide the
Program Administrator 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 Program Administrator 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 Program Administrator;
and
8.
A provision specifying remedies available for breach of the
terms of the inter-municipal agreement.
