A. 
No industrial user shall discharge wastewater, either directly or indirectly, into the system without first obtaining an industrial wastewater discharge permit ("IWD permit") from the public works director.
B. 
The public works director may require other users to obtain an IWD permit as necessary to carry out the purposes of this title.
C. 
Any violation of the terms and conditions of an IWD permit shall be deemed a violation of this chapter, and subjects the user to the sanctions set out in Chapter 14.72. Obtaining an IWD permit does not relieve a user of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
(Ord. 03-03 § 8, 2003)
Any user required to obtain an IWD permit that proposes to begin or recommence discharging into the system shall obtain such permit prior to beginning or recommencing such discharge. An application for an IWD permit, in accordance with this chapter, shall be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
(Ord. 03-03 § 8, 2003)
New users located beyond the city limits that are required to obtain an IWD permit shall submit a permit application to the public works director at least 90 days prior to any proposed discharge into the system. Upon review of such application, the public works director may enter into an agreement with the user that requires the user to subject itself to and abide by this title, including all permitting, compliance monitoring, reporting, and enforcement provisions herein. Alternatively, the public works director may enter into an agreement with the neighboring jurisdiction in which the user is located to provide for the implementation and enforcement of pretreatment program requirements against the user or the public works director may conclude that no such agreement with the user or the neighboring jurisdiction is warranted.
(Ord. 03-03 § 8, 2003)
Each user required to obtain an IWD permit shall submit a permit application to the public works director at least 90 days before any proposed discharge. The public works director may require any user to submit as part of an application the following information:
A. 
All information required by this title;
B. 
Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility that are, or could accidentally or intentionally be, discharged to the system;
C. 
Number and type of employees, hours of operation, and proposed or actual hours of operation;
D. 
Each product produced by type, amount, process or processes and rate of production;
E. 
Type and amount of raw materials processed (average and maximum per day);
F. 
Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
G. 
Time and duration of the discharge; and
H. 
Any other relevant information deemed necessary by the public works director to evaluate the application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(Ord. 03-03 § 8, 2003)
Each IWD permit application shall be signed by an authorized representative of the user and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a System designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the System, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(Ord. 03-03 § 8, 2003)
The public works director shall evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete permit application, as such is determined by the public works director, the public works director shall determine whether to issue an industrial wastewater discharge permit and notify the user of such decision. If no decision is made during such time period, the permit application shall be deemed denied upon expiration of the 60 day period. The public works director may deny any application for an industrial wastewater discharge permit that is inconsistent with any of the provisions in this title.
(Ord. 03-03 § 8, 2003)
IWD permits shall be issued for a specified time period, not to exceed five years. Each IWD permit shall indicate a specific date of expiration.
(Ord. 03-03 § 8, 2003)
A. 
An IWD permit shall include such conditions that are consistent with the provisions of this title and as are reasonably deemed necessary by the public works director 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 biosolids management and reuse, and protect against damage to the system.
B. 
Subject to the provisions of Section 14.60.080.A, above, IWD permits shall contain:
1. 
A statement of the duration of the permit;
2. 
A statement that the permit is nontransferable without prior notification to and approval of the public works director, and provisions for furnishing the new owner or operator with a copy of the existing permit;
3. 
Effluent limits based on applicable pretreatment standards;
4. 
Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state and local law; and
5. 
A statement of applicable civil, criminal and administrative 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.
C. 
IWD permits may contain additional conditions including, but not limited to, the following:
1. 
Limits on the average and/or maximum rate of discharge, time of discharge, and requirements for flow regulation and equalization;
2. 
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 system;
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 non-routine discharges;
4. 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the system;
5. 
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
6. 
A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those that become effective during the term of the permit; and
7. 
Other conditions as deemed appropriate by the public works director to ensure compliance with this title, and state and federal laws, rules and regulations.
(Ord. 03-03 § 8, 2003)
A. 
Any person, including any user, may petition the city to reconsider denial of an IWD permit or the terms of an IWD permit by filing a petition for reconsideration with the city clerk, with copy to the public works director, within ten days of denial or issuance of the industrial wastewater discharge permit.
B. 
Failure to submit a timely petition for reconsideration shall be deemed to be a waiver of the administrative remedy.
C. 
The petition for reconsideration shall identify and address, as applicable, reasons why the IWD permit should not have been denied, specific permit provisions objected to, and any additional or alternative conditions petitioner seeks to be included in the permit. All legal arguments and evidence, with substantiating declarations, photographs, drawings, etc., shall be included in the petition. No legal arguments or evidence not included in the petition when filed with the clerk shall be considered by the city.
D. 
The conditions and provisions of the permit objected to by the user shall not be stayed pending a hearing on the petition.
E. 
If the city council fails to act on the petition within 90 days, the petition shall be deemed to have been denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final and conclusive administrative actions.
F. 
Parties seeking judicial review of such final administrative petitions shall comply with the requirements set out in Section 1094.6 of the Code of Civil Procedure.
(Ord. 03-03 § 8, 2003)
A. 
The public works director may modify a permit for good cause consistent with the provisions of this title.
B. 
Good cause includes, but is 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 characteristic since the time of permit issuance;
3. 
A change in the system 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 system, city 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 categorical pretreatment standard pursuant to 40 C.F.R. Section 403.13;
8. 
To correct typographical or other errors in the permit; or
9. 
To reflect transfer of the facility ownership and/or operation to a new owner/operator.
(Ord. 03-03 § 8, 2003)
A. 
An IWD permit may be transferred to a new user only if the permittee gives at least 30 days advance notice to the public works director and the public works director approves the transfer. The notice shall include a written certification by the new user that:
1. 
The new owner and/or operator 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 permit.
B. 
Failure to provide advance notice of a transfer renders the permit void as of the date of facility transfer.
C. 
The public works director shall approve the transfer unless he/she determines that the proposed transferee is unwilling or unable to abide by the terms and conditions of the permit.
(Ord. 03-03 § 8, 2003)
The public works director may revoke an IWD permit for good cause consistent with the provisions of this title, including, but not limited to, the following:
A. 
Failure to notify the public works director of significant changes to the wastewater prior to the changed discharge;
B. 
Failure to provide prior notification to the public works director of changed conditions pursuant to this title;
C. 
Misrepresentation or failure to fully disclose all relevant facts in the permit application;
D. 
Falsifying self-monitoring reports;
E. 
Tampering with monitoring equipment;
F. 
Refusing to allow the public works director timely access to the facility premises and records;
G. 
Failure to meet effluent limitations;
H. 
Failure to pay fines;
I. 
Failure to pay sewer use charges;
J. 
Failure to meet compliance schedules;
K. 
Failure to complete a wastewater survey or the permit application;
L. 
Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
M. 
Violation of any pretreatment standard or requirement, or any terms of the permit or this title.
N. 
IWD permits shall be voidable upon cessation of operations or transfer of business ownership. All IWD permits issued to a particular user are void upon the issuance of a new IWD permit to that user.
(Ord. 03-03 § 8, 2003)
A user may apply for reissuance of the IWD permit by submitting a complete IWD permit application in accordance with Sections 14.60.040 and 14.60.050; such application shall be made at least 90 days prior to the expiration of the user's existing permit.
(Ord. 03-03 § 8, 2003)
An expired IWD permit will continue to be effective and enforceable until a decision is rendered as to whether to reissue the permit:
A. 
The user has submitted a complete IWD permit reissuance application at least 90 days prior to the expiration date of the user's existing permit; and
B. 
The failure to reissue the IWD permit before the expiration of the existing permit is not due to any act or failure to act on the part of the user.
(Ord. 03-03 § 8, 2003)
A. 
If another legal jurisdiction outside the city (an "outside contributing entity"), or user located within another legal jurisdiction outside the system, contributes wastewater to the system, the public works director may enter into an agreement for wastewater services with the outside contributing entity or user pursuant to this title.
B. 
Prior to entering into an agreement as provided by Section 14.60.150.A, above, the public works director shall request the following information from the outside contributing entity:
1. 
A description of the quality and volume of wastewater discharged to the system by the outside contributing entity;
2. 
An inventory of all users within the outside contributing entity that are dischargers to the system; and
3. 
Any other information as the public works director may deem necessary.
C. 
The agreement, as required by Section 14.60.150.A, above, shall contain the following conditions:
1. 
A requirement for the outside contributing entity to adopt sewer use legislation which is at least as stringent as this title and local limits that are at least as stringent as those established under authority of this title. The requirement shall specify that such legislation and limits must be revised as necessary to reflect changes made to this chapter or local limits;
2. 
A requirement for the outside contributing entity to submit a revised user inventory on at least an annual basis;
3. 
A provision specifying which pretreatment implementation activities, including IWD permit issuance, inspection and sampling, and enforcement will be conducted by the contributing entity; which of these will be conducted by the public works director; and which of these activities will be conducted jointly by the outside contributing entity and the public works director;
4. 
A requirement for the outside contributing entity to provide the public works director with access to all information that the outside contributing entity obtains as part of its pretreatment activities;
5. 
Limits on the nature, quality, and volume of the outside contributing entity's wastewater at the point where it discharges to the system;
6. 
Requirements for monitoring the outside contributing entity's discharge;
7. 
A provision ensuring the public works director access to the facilities of users located in the outside contributing entity's jurisdictional boundaries for the purpose of inspecting, sampling, and any other duties deemed necessary by the public works director; and
8. 
A provision specifying remedies for breach of the terms of the agreement.
(Ord. 03-03 § 8, 2003)
A. 
Each user required to obtain an IWD permit shall furnish, install and properly maintain a monitoring facility for wastewater sampling. This monitoring facility shall be of a design or configuration approved by the public works director, who may require wastewater flow measurement equipment, automatic flow-proportional sampling equipment and automatic wastewater analysis and data recording equipment.
B. 
Each user, as a part of its application for obtaining an IWD permit, shall propose a suitable location and design for the wastewater monitoring facility. The monitoring facility shall be located so as to be safe and accessible to city employees, and shall be constructed in accordance with the city's requirements, and all applicable local building codes and other local construction requirements. The user's proposal for a wastewater monitoring facility shall comply with the city's design requirements and shall be reviewed and, if satisfactory, shall be approved by the public works director.
C. 
The user's wastewater sampling analysis and flow measurement procedures, equipment, and results shall be subject to inspection by the public works director at any time. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times by the user.
D. 
Failure of a user to keep approved wastewater monitoring facilities clean and in good working order shall not be grounds for the user to claim that any sample results are unrepresentative of the user's wastewater. Flow measurement systems shall be regularly maintained and calibrated in accordance with guidelines established by the public works director and the manufacturer.
(Ord. 03-03 § 8, 2003)