An individual wastewater discharge permit or a general permit
is issued for a specified time period, not to exceed five years from
the effective date of the permit. An individual wastewater discharge
permit or a general permit may be issued for a period less than five
years, at the discretion of the pretreatment coordinator. Each individual
wastewater discharge permit or a general permit will indicate a specific
date upon which it will expire.
(Ord. 757 § 5, 2010)
An individual wastewater discharge permit or a general permit
will include such conditions as are deemed reasonably necessary by
the pretreatment coordinator 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 sludge management
and disposal, and protect against damage to the POTW.
A.
Individual
wastewater discharge permits and general permits must contain:
1.
A
statement that indicates the wastewater discharge permit issuance
date, effective date, and expiration date;
2.
A statement that without prior notification to the city in accordance with Section 13.40.280 of this chapter, the wastewater discharge permit is nontransferable;
3.
Provisions
requiring that the new owner or operator be provided a copy of the
existing wastewater discharge permit;
4.
Effluent
limits, including best management practices, based on applicable Pretreatment
Stand-
5.
Self-monitoring,
sampling, reporting, notification, and record-keeping requirements.
These requirements shall include an identification of pollutants (or
best management practice) to be monitored, sampling location(s), sampling
frequency, and sample type based on federal, state, and local law;
6.
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 13.40.350(B);
7.
A
statement of applicable civil and criminal penalties for violation
of Pretreatment Standards and Requirements, and any applicable compliance
schedule. A compliance schedule may not extend the time for compliance
beyond that required by applicable federal, state, or local law.
8.
If
determined by the pretreatment coordinator to be necessary requirements
to control slug discharge.
9.
Any conditions on the grant of the monitoring waiver by the pretreatment coordinator (Section 13.40.350(B)) must be included as a condition in the user's permit or other control mechanism.
B.
Individual
wastewater discharge permits or general permits may also contain one
or more of the following conditions:
1.
Limits
on the average and/or maximum rate of discharge, time (or schedule)
of discharge;
2.
Requirements
for flow regulation and equalization;
3.
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 POTW;
4.
Requirements
for the development and implementation of spill control plans or other
special conditions including management practices necessary to minimize
the chance of accidental, unanticipated, or nonroutine discharges;
5.
Development
and implementation of waste minimization plans to reduce the amount
of pollutants discharged to the POTW;
6.
The
unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW;
7.
Requirements
for the installation and maintenance of inspection and sampling facilities
and equipment, including flow-measurement devices;
8.
A
statement that compliance with the individual wastewater discharge
permit or the general 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 individual wastewater discharge permit or the general permit;
and
9.
Other
conditions included by the pretreatment coordinator to ensure compliance
with this chapter, and state and federal laws, rules, and regulations.
(Ord. 757 § 5, 2010; Ord. 816 § 4, 2019)
A.
Notice
of Intent to Issue Permit. At least fifteen days before the proposed
date of issuance, the pretreatment coordinator will publish in a newspaper(s)
of general circulation in Del Norte County and on city's webpage,
a notice of intent to issue a pretreatment permit. The notice will
state one or more locations where the draft permit may be reviewed
and an address where written comments may be submitted.
B.
Notice
that Permit Has Been Issued. Within five business days of issuing
a pretreatment permit under this chapter, the pretreatment coordinator
will publish in a newspaper of general circulation in Del Norte County
a notice that the permit has been issued.
C.
Reconsideration.
Any person, including the user, may petition the pretreatment coordinator
to reconsider the terms of an individual wastewater discharge permit
or a general permit within fifteen days of notice of its issuance.
Failure to submit a timely petition for reconsideration is a waiver
of administrative reconsideration.
1.
The
petition must be in writing but it does not need to be in any particular
form. The petition, must state specifically the provisions objected
to, the reasons for this objection, and the nature of the alternative
condition, if any, appellant seeks to place in the individual wastewater
discharge permit or a general permit.
2.
The
effectiveness of the individual wastewater discharge permit or a general
permit is not stayed pending the resolution of the petition.
3.
The
pretreatment coordinator must act on the petition for reconsideration
within fifteen days of its filing. If the pretreatment coordinator
fails to act within fifteen days, a petition for reconsideration is
deemed to be denied.
4.
Any
party aggrieved by the decision of the pretreatment coordinator on
a petition for reconsideration may appeal that decision to the city
council of the city of Crescent City. The appeal must be in writing,
must be accompanied by an appeal fee in the amount established by
the city's schedule of fees. The appeal and the fee must be filed
with city clerk within fifteen days of the final action of the pretreatment
coordinator.
5.
The
city council must conduct a hearing of the appeal within forty-five
days of the filing of the appeal and must render its decision in writing
within thirty days thereafter. The action of the city council is the
final administrative action for purposes of judicial review.
(Ord. 757 § 5, 2010; Ord. 816 § 4, 2019)
A.
On
his or her own initiative or upon application of the user, the pretreatment
coordinator may modify an individual wastewater discharge permit for
good cause, including, but not limited to, any of 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 issuance of
the individual wastewater discharge permit;
3.
A
change has been or will be made in the POTW that requires or will
require either a temporary or permanent reduction or elimination of
the authorized discharge;
4.
Information
has been received by the pretreatment coordinator indicating that
the permitted discharge poses a threat to the city's POTW, city personnel,
beneficial sludge use or the receiving waters;
5.
There
has been a violation of any term or condition of the individual wastewater
discharge permit;
6.
The
user has made a misrepresentation or has failed to fully disclose
all relevant facts in the wastewater discharge permit application
or in any required reporting;
7.
There
has been a 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
B.
The
pretreatment coordinator may modify a general 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.
A
change in the POTW that requires either a temporary or permanent reduction
or elimination of the authorized discharge;
3.
To
correct typographical or other errors in the individual wastewater
discharge permit; or
(Ord. 757 § 5, 2010; Ord. 816 § 4, 2019)
Individual wastewater discharge permits or coverage under general
permits may be transferred to a new owner or operator only if the
permittee gives at least ninety days advance notice to the pretreatment
coordinator and the pretreatment coordinator approves the individual
wastewater discharge permit or the general permit coverage transfer.
The notice to the pretreatment coordinator must include a written
certification by the new owner or operator that:
A.
Fully
identifies the new owner or operator;
B.
States
that the new owner and/or operator has no immediate intent to change
the facility's operations and processes;
C.
Identifies
the specific date on which the transfer is to occur; and
D.
Acknowledges
full responsibility for complying with the existing individual wastewater
discharge permit or general permit.
Failure to provide advance notice of a transfer renders the
individual wastewater discharge permit or coverage under the general
permit void as of the date of facility transfer.
(Ord. 757 § 5, 2010; Ord. 816 § 4, 2019)
The pretreatment coordinator may revoke an individual wastewater
discharge permit or coverage under a general permit for good cause,
including, but not limited to, the following causes:
A.
Failure
to notify the pretreatment coordinator of significant changes to the
wastewater prior to discharge;
B.
Failure to provide prior notification to the pretreatment coordinator of changed conditions pursuant to Section 13.40.360;
C.
Misrepresentation
or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
D.
Falsifying
self-monitoring reports and certification statements;
E.
Tampering
with monitoring equipment;
F.
Refusing
to allow the pretreatment coordinator timely access to the facility
premises and records;
G.
Failure
to meet discharge requirements;
H.
Failure
to pay fines when due;
I.
Failure
to pay sewer charges when due;
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; or
M.
Violation
of any Pretreatment Standard or Requirement or any terms of the wastewater
discharge permit or a general permit or this chapter.
|
Individual wastewater discharge permits or coverage under general
permits shall be voidable upon cessation of operations or transfer
of business ownership. All individual wastewater discharge permits
or general permits issued to a user are void upon the issuance of
a new individual wastewater discharge permit or a general permit to
that user.
|
(Ord. 757 § 5, 2010; Ord. 816 § 4, 2019)
A user with an expiring individual wastewater discharge permit or general permit must apply for individual wastewater discharge permit or general permit reissuance by submitting a complete permit application, including all required information and any fees, in accordance with Section 13.40.200 of this chapter, at least ninety days prior to the expiration of the user's existing individual wastewater discharge permit or general permit.
(Ord. 757 § 5, 2010; Ord. 816 § 4, 2019)
A.
If
another local agency, or a user located within another local agency,
contributes wastewater to the POTW, the city must enter into an inter-agency
agreement with the contributing local agency.
B.
Prior to entering into an agreement required by subsection A, the pretreatment coordinator shall request the following information from the contributing local agency:
1.
A
description of the quality and volume of wastewater discharged to
the POTW by the contributing local agency;
2.
An
inventory of all users located within the contributing local agency
that are discharging to the POTW; and
3.
Such
other information as the pretreatment coordinator may deem necessary.
C.
An inter-agency agreement, as required by subsection A, must contain the following conditions:
1.
A requirement that the contributing local agency adopt a sewer use ordinance that is at least as stringent as this chapter and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in Section 13.40.080. 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 local agency 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 or general permit
issuance, inspection and sampling, and enforcement, will be conducted
by the contributing local agency, which of these activities will be
conducted by the city, and which of these activities will be conducted
jointly by the contributing local agency and the city;
4.
A
requirement for the contributing local agency to provide the pretreatment
coordinator with access to all information that the contributing local
agency obtains as part of its pretreatment activities;
5.
Limits
on the nature, quality, and volume of the contributing local agency's
wastewater at the point where it discharges to the POTW;
6.
Requirements
for monitoring the contributing local agency's discharge;
7.
A
provision ensuring that the pretreatment coordinator will have access
to the facilities of users located within the contributing local agency's
jurisdictional boundaries for the purpose of inspection, sampling,
and any other deemed necessary by the pretreatment coordinator; and
8.
A
provision specifying remedies available for breach of the terms of
the inter-agency agreement.
(Ord. 757 § 5, 2010; Ord. 816 § 4, 2019)
