A. 
The Director or their designee shall issue a wastewater discharge permit to the applicant if the Director or their designee finds that all of the following conditions are met:
1. 
The applicant has provided a timely and complete wastewater discharge permit application to the City;
2. 
The proposed discharge by the applicant is in compliance with the limitations established in these City Regulations;
3. 
The proposed operation and discharge of the applicant would permit the normal and efficient operation of the POTW; and
4. 
The proposed discharge of the applicant would not result in a violation by the City of the terms and conditions of its MPDES permit or cause pass through or interference.
B. 
If the Director or their designee finds that the condition set out in subsection (A)(2) of this section is not met, the Director or their designee may, at his or her discretion, issue a wastewater discharge permit to the applicant if the conditions set out in subsections (A)(1), (A)(3) and (A)(4) of this section have been met and if the applicant submits, and the Director approves, a compliance schedule setting out the measures to be taken by the applicant and the dates that such measures will be implemented to ensure compliance with the local limits. At no time shall the final compliance date for a Categorical Standard be extended.
(Ord. 1911, 7-17-2023)
A. 
Wastewater discharge permits shall be expressly subject to all provisions of these City Regulations, as well as user charges and fees established by the City. The conditions of wastewater discharge permits shall be uniformly enforced in accordance with these City Regulations and applicable State and Federal regulations.
B. 
Wastewater discharge permits shall include such conditions as are deemed reasonably necessary by the Director or their designee to prevent pass through or interference, protect the quality of the water body receiving the wastewater treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
C. 
Wastewater discharge permits shall contain, as applicable:
1. 
A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date (see Section 23B-30);
2. 
A statement that the wastewater discharge permit is nontransferable;
3. 
Effluent limits, including BMPs, based on applicable pretreatment standards;
4. 
Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored (or BMPs), sampling location, sampling frequency, and sample type based on Federal, State, and local law;
5. 
The process for seeking a waiver from monitoring for a pollutant neither present, nor expected to be present, in the discharge in accordance with Section 23B-36(B)(1) of this Code;
6. 
Any grant of the monitoring waiver by the Director must be included as a condition in the significant industrial user's wastewater discharge permit;
7. 
A statement of applicable administrative, 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;
8. 
BMPs to control specific pollutants as necessary to meet objectives of these City Regulations;
9. 
Requirements to control slug discharges and immediate notification of any changes to the facility affecting the potential for a slug discharge;
10. 
Compliance schedules;
11. 
Requirements to reapply for a new wastewater discharge permit at least 90 days prior to expiration of the existing permit;
12. 
Requirements for additional monitoring to be reported; and
13. 
Surcharge determination and payments required.
D. 
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
1. 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
2. 
Requirements for the installation of pretreatment technology (as per 40 CFR 403.8(f)(1)(ii)), pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW;
3. 
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
4. 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
5. 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
6. 
Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
7. 
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
8. 
Other conditions as deemed appropriate by the Director or their designee to ensure compliance with these City Regulations.
(Ord. 1911, 7-17-2023)
A. 
In the event an application for a wastewater discharge permit is denied, the City shall notify the applicant in writing of such denial. Such notification shall state the grounds for such denial with a degree of specificity which will inform the applicant of the measures or actions which shall be taken by the applicant prior to issuance of a wastewater discharge permit.
B. 
Upon receipt of notification of denial of a permit, the applicant may revise the permit, to satisfy any deficient areas and resubmit the wastewater discharge permit for reconsideration.
(Ord. 1911, 7-17-2023)
Wastewater Discharge Permit Appeals: Any person, including the user, may petition the Director or their designee to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.
A. 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
B. 
In its petition, the appealing party shall 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.
C. 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
D. 
If the Director or their designee fails to act within 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 actions for purposes of judicial review.
E. 
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision shall do so by filing a complaint with the Eleventh Judicial District Court for the State of Montana within 30 days of the final administrative wastewater discharge permit decision.
(Ord. 1911, 7-17-2023)
A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Director or their designee. The terms and conditions of the wastewater discharge permit may be subject to modification and change by the City during the life of the permit, as limitations or requirements as identified in these City Regulations are modified and changed.
(Ord. 1911, 7-17-2023)
The Director or their designee may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
A. 
To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;
B. 
To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance;
C. 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
D. 
Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, the beneficial reuse of the POTW's sludge or the receiving waters;
E. 
Violation of any terms or conditions of the wastewater discharge permit;
F. 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
G. 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; or
H. 
To correct typographical or other errors in the wastewater discharge permit.
(Ord. 1911, 7-17-2023)
Wastewater discharge permits are issued to a specific user for a specific operation. No wastewater discharge permit shall be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.
Wastewater discharge permits shall be voided upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a past user are void upon the issuance of a new wastewater discharge permit to the new user.
(Ord. 1911, 7-17-2023)
The Director may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
A. 
Failure to notify the Director or designee of significant changes to the wastewater prior to the changed discharge, and pursuant to 40 CFR Part 403.12(j);
B. 
Failure to provide prior notification to the Director or designee of changed conditions pursuant to Section 23B-43 of these City Regulations;
C. 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
D. 
Falsifying self-monitoring reports and certification statements, and pursuant to 40 CFR Part 403.12(n);
E. 
Tampering, disrupting or damaging monitoring or sampling equipment;
F. 
Refusing to allow the Director or designee timely access to the facility premises and records;
G. 
Failure to meet effluent limitations;
H. 
Failure to pay fines;
I. 
Failure to pay sewer charges;
J. 
Failure to meet compliance schedules;
K. 
Failure to complete a wastewater survey or the wastewater discharge permit application;
L. 
Failure to provide advance notice of the transfer of business ownership of a permitted facility;
M. 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter;
N. 
Increasing the use of process water or attempting to dilute the discharge for the sole purpose of achieving compliance with any limitations;
O. 
Failure to report an accidental discharge of a toxic substance;
P. 
Discharging wastewater which causes interference with the POTW or causes the City to violate any condition of its NPDES permit; or
Q. 
Discharging wastewater which presents imminent or substantial endangerment to the environment and/or public health, safety or welfare.
In instances where a wastewater discharge permit is revoked or denied, and a user's service connection may allow for the potential of prohibited discharges into the City's sanitary sewer system. The City may require, at the Director's discretion, the connection to be removed or be permanently sealed.
(Ord. 1911, 7-17-2023)
A. 
A user with an expiring wastewater discharge permit shall apply for a wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 23B-20 of these City Regulations, within a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.
B. 
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 wastewater discharge permit application at least 90 days prior to the expiration date of the user's existing permit;
2. 
The failure to reissue the wastewater discharge permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the permittee.
(Ord. 1911, 7-17-2023)
A. 
If another municipality/district contributes wastewater to the POTW, the City of Kalispell shall enter into an interlocal agreement with the contributing municipality/district. The agreement shall provide authorization for the City to implement and enforce these City Regulations, including the City's Sewer Use Ordinance and 40 CFR 403 within the contributing municipality/district service area.
1. 
Prior to entering into the agreement required by subsection A above, the Director shall request the following information from the contributing municipality/district:
a. 
A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality/district;
b. 
An inventory of all users located within the contributing municipality/district that are discharging to the POTW; and
c. 
Such other information as the Director may deem necessary.
2. 
The interlocal agreement, as required by subsection A above, shall require that the contributing municipality/district is responsible to:
a. 
Submit a revised industrial user inventory on an annual basis;
b. 
Provide the Director or designee with access to all information that the contributing municipality/district obtains;
c. 
Reimburse the City for all costs incurred in implementing and enforcing all industrial pretreatment actions to control discharges from all users of its wastewater treatment system pursuant to requirements set out in 40 CFR Part 403 and these City Regulations;
d. 
Inform its users of the requirements and the penalties to which such users are subject for violation of the discharge requirements and prohibitions;
e. 
Inform the City within 24 hours of noncompliance including any sanitary sewer overflows (discharges of sanitary sewage prior to treatment at the wastewater treatment plant);
f. 
Provide the City within 72 hours with a written report of the occurrence;
g. 
Provide the City within seven days of any change of any pollutants from any user;
h. 
Remain sole owner of, and manage the operations and maintenance of its sewer system and manage the quality of sewage discharged to the City; and
i. 
Provide the Industrial Pretreatment Coordinator (IPC) with a quarterly report listing all work performed by the contributing municipality/district in fulfilling any City Regulations and requirements.
3. 
An interlocal agreement, as required by subsection A above, shall require that the City of Kalispell is responsible to:
a. 
Issue wastewater discharge permits to all users required to obtain a permit;
b. 
Conduct inspections, sampling, and analysis of permitted users;
c. 
Take all appropriate enforcement action as outlined in the City's Sewer Use Ordinance, the sewer enforcement response plan and these City Regulations;
d. 
Perform technical or administrative duties the parties deem appropriate;
e. 
Take emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans, which appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination; and
f. 
Provide the contributing municipality/district with a detailed accounting of all costs.
4. 
The contributing municipality/district shall formally adopt in its Sewer Use Ordinance, all City of Kalispell's ordinances, codes, regulations which pertain to the City of Kalispell's industrial pretreatment program and sewage treatment.
B. 
Before a user located outside the jurisdictional boundaries of the contributing municipality/district discharges into that municipality/district, the City will enter into an agreement with the contributing municipality/district in which the user is located. Such an agreement will be equivalent to these City Regulations and shall be entered into prior to any discharge from the user.
C. 
The interlocal agreement shall contain a provision ensuring the Director or their designee access to the facilities of users located within the contributing municipality/district's jurisdictional boundaries for the purpose of inspection, sampling, or any other duties deemed necessary by the Director or their designee.
D. 
A provision specifying remedies available for breach of the terms of the interlocal agreement.
E. 
If any term of the interlocal agreement is held to be invalid in any judicial action, the remaining terms will be unaffected.
F. 
The parties will review and revise the interlocal agreement to ensure compliance with the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.) and rules and regulations (see 40 CFR Part 403) issued thereunder, as necessary, but at least once every five years on a date to be determined by the parties.
G. 
If the authority of the City to act as agent for the contributing municipality/district under the interlocal agreement is questioned by a user, court of law, or otherwise, the contributing municipality/district will take whatever action is necessary to ensure the implementation and enforcement of its Sewer Use Ordinance against the user, including, but not limited to, implementing and enforcing its own Sewer Use Ordinance on its behalf and/or amending the interlocal agreement to clarify the City's authority.
(Ord. 1911, 7-17-2023)