A. 
Nondomestic user permits. It is unlawful and prohibited for any significant industrial user (SIU), or any other user as determined necessary by the Director to carry out the purposes of this chapter, to discharge to the POTW without a nondomestic user permit as provided by this section.
B. 
General user permits. The Director may require any person other than a SIU to obtain a general user permit to discharge to the POTW, subject to such terms and conditions as are determined necessary and appropriate by the Director to achieve the purposes, policies, and objectives of this chapter.
(1) 
A general user permit may contain, but shall not be required to contain, any of the terms and conditions that would apply to a nondomestic user permit issued to a SIU as provided by this section to comply with the general and specific discharge prohibitions of this chapter, including, but not limited to, discharge limitations, and requirements regarding sampling and monitoring; pretreatment; pollution prevention, minimization or reductions plans; accidental discharge, spill prevention, and containment requirements; flow equalization; and implementation of best management practices or a best management practices plan.
(2) 
To the extent determined appropriate by the Director on a case-by-case basis, a general user permit issued under this subsection shall be subject to provisions otherwise applicable to permits for SIUs. However, all shall be nontransferable, and are subject to the permit fee and permit appeals provisions of this chapter.
(3) 
It is unlawful and prohibited for any person required by the Director to obtain a general user permit to discharge to the POTW without a general user permit as provided by this section.
(4) 
Failure to comply with a general user permit issued under this subsection constitutes a violation of this chapter.
(5) 
In no case shall a general user permit be construed to authorize the illegal discharge or otherwise excuse a violation of this chapter.
C. 
Notwithstanding any provision of this chapter to the contrary, if determined necessary by the Director to achieve the goals and purposes of this chapter, the Director may issue a user permit to any person without first requiring the person to submit or complete a permit application.
D. 
Any violation of the terms or conditions of a user permit is a violation of this chapter, subject to the fine, penalty, and other enforcement provisions of this chapter. Obtaining a user permit shall not relieve a person of the obligation to obtain other permits or approvals that may be required by other local, state or federal laws or regulations.
E. 
The issuance of a user permit shall not convey to any person any property rights or privilege of any kind whatsoever, nor shall it be construed to authorize any injury to private or public property or any invasion of personal rights, or any violation of local, state or federal laws or regulations.
A. 
The POTW may require any person to submit information to the POTW for its use in determining the person's status as a user, including, but not limited to, whether the user is a SIU, as well as to determine changes or the absence or inadequacy of changes in a user's facilities.
B. 
The POTW shall notify a nondomestic user of the POTW's belief that the user is, or may be, a SIU, or is otherwise required to obtain a permit to discharge. Upon such notification, the user must complete and submit an application for a nondomestic user permit on a form furnished by the Director. The failure of the POTW to so notify a nondomestic user shall not relieve any SIU of the duty to obtain a permit as required by this chapter.
C. 
Upon determination that a user permit is required, no connection to the POTW shall be made and no discharge thereto shall occur until a permit is duly issued; provided, however, that the Director may, in the Director's sole discretion, issue a written authorization in place of a permit, which authorization shall be valid for a period not to exceed 60 days.
A. 
Each user must file an application for a user permit on the form provided by the Director within the following deadlines:
(1) 
Existing SIUs. Any SIU discharging into the POTW as of the effective date of this chapter shall submit a completed permit application form to the POTW as provided by this section within at least 90 days of being so directed and provided a form by the Director.
(2) 
Proposed new SIUs. Any SIU proposing to commence (or recommence) discharging into the POTW after the effective date of this chapter shall, at least 90 days prior to the anticipated date on which discharging will commence (or recommence), request a permit application form and submit the completed application to the POTW.
(3) 
Categorical users subject to new standard. A user which becomes subject to a new or revised national categorical pretreatment standard, and which has not previously submitted an application for a permit as required herein, shall apply to the POTW for a nondomestic user permit within 90 days after the promulgation of the applicable national categorical pretreatment standard. The POTW may also initiate this action; however, the failure of the POTW so to do shall not relieve a user of its obligation to obtain a permit.
(4) 
Before taking possession or control of the processes or operations to which an existing user permit applies, the user taking possession or control shall apply to the Director for the issuance of a new user permit a minimum of 90 days before the user takes possession or control.
(5) 
Other users. Any other user directed by the Director to complete and submit a user permit application shall do so within at least 90 days of being so directed by the Director and provided a form by the Director. Any user not required to obtain a user permit for existing discharges must apply for and receive a user permit prior to changing the user's discharge in such a manner that the resulting discharge would require a user permit.
B. 
The Director may also require any other person to file the information required by § 28-07.04 of this chapter (whether or not that person is currently a user, and whether or not that person is otherwise currently discharging to the POTW, a storm sewer, or receiving waters), if the Director determines that there is a reasonable potential for the person to discharge to the POTW, a storm sewer, or receiving waters, whether due to an accidental spill or for any other reason. Any person directed by the Director to submit the required shall do so within the time frame as directed by the Director.
C. 
The failure or refusal of any person to submit or complete a permit application shall not in any way relieve the person from the duty to comply with a permit issued by the Director. In no case shall the receipt or non-receipt of a completed permit application prevent the issuance of a permit by the Director or relieve a person from the duty of fully complying with a permit that is issued by the Director.
All users shall submit the information required by this section on the user permit application supplied by the Director (or attached thereto) in the form and at a level of detail and in units and terms as determined necessary by the Director to adequately evaluate the application, accompanied by payment of a permit application review fee. A separate application and supporting documentation shall be submitted for each separate location for which a user permit is required.
A. 
The name, address, and location of the facility or premises from which discharge will be made, including the names of the owner(s) and operator(s) of the facility or premises.
B. 
Corporate or individual name, federal employer identification number, address and telephone number of the applicant.
C. 
Whether the user is a corporation, partnership, proprietorship, or other type of entity, and the name of the person(s) responsible for discharges by the user.
D. 
Name and title of the local authorized representative of the user who will have the authority to bind the applicant financially and legally, and who is authorized by the applicant as its agent to accept service of legal process, and the address and telephone number of such representative.
E. 
The Standard Industrial Classification (SIC) numbers of all processes at the location for which application is made, according to the Standard Industrial Classification Manual, as amended [or, if applicable, the North American Industrial Classification System (NAICS) designation].
F. 
Actual or proposed wastewater constituents and characteristics for each parameter listed in the permit application, including, but not limited to, any pollutants that are limited or regulated by any federal, state, or local standards or requirements. The information provided for such parameters shall include all of the following:
(1) 
Pollutants having numeric or narrative limitations as provided by this chapter.
(2) 
Pollutants limited by National Categorical Pretreatment Standards regulations for similar industries.
(3) 
For each parameter, the expected or experienced maximum and average concentrations during a one-year period shall be provided.
(4) 
For industries subject to National Categorical Pretreatment Standards or requirements, the data required shall be separately shown for each categorical process waste stream and shall include all information required in § 28-08.01A for a baseline monitoring report.
(5) 
Combined waste streams proposed to be regulated by the combined waste stream formula shall be specified.
(6) 
Information regarding any other potential pollutants of concern, even if not limited by numeric or narrative limitations as provided by this chapter or subject to National Categorical Pretreatment Standards or requirements.
G. 
For purposes of information required by the application, sampling and analysis shall be performed in accordance with the following: Procedures established by U.S. EPA pursuant to Section 304(g) of the Act[1] and as contained in 40 CFR 136, as amended. If 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures in U.S. EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants," April 1977, and amendments or revisions thereto, or where appropriate and applicable, in accordance with any other sampling and analytical procedures approved by EPA, or as otherwise specified by the Director.
[1]
Editor's Note: See 33 U.S.C. § 1314(g).
H. 
A listing and description of the following: plant activities, plant facilities, and plant processes on the premises for which the permit is being applied. Processes which are subject to National Categorical Pretreatment Standards or requirements shall be so designated, and identification of which pollutants are associated with each process shall be stated.
I. 
A listing of the type and amount of raw materials and chemicals (including material safety data sheets) that are either used in the manufacturing process or could yield the pollutants referred to in this section. Any user claiming immunity from having to provide such information shall furnish proof of such immunity that is acceptable to the Director and in accordance with all applicable local, state, and federal laws and regulations.
J. 
A statement containing information on the spill containment and prevention of accidental/spill discharges program for each of the pollutants referred to in this section.
(1) 
The information provided shall include the following:
(a) 
The approximate average and maximum quantities of such substances kept on the premises in the form of the following:
[1] 
Raw materials;
[2] 
Chemicals; and/or
[3] 
Wastes therefrom; and
(b) 
The containment capacity for each of the above items.
(2) 
The following requirements apply for purposes of the spill containment and prevention statement required by this subsection:
(a) 
For raw materials, chemical solutions or waste materials that do not contain any substance on the Critical Materials Register promulgated by EGLE, only substances which are in a form which could readily be carried into the sewerage system and which constitute a concentration of 5% or greater on a dry-weight basis in the raw material, chemical solution or waste material are required to be included in the statement. Volumes of less than 55 gallons or the equivalent need not be included unless lesser quantities could cause interference or pass-through to the sewerage system.
(b) 
For raw materials, chemical solutions or waste materials that contain any amount of any substance on the Critical Materials Register promulgated by EGLE, the statement shall include the name of the substance and the expected concentration so that the Director can determine whether or not it may constitute a threat to the POTW if a spill occurs.
K. 
The name and address of each laboratory performing analytical work for the user submitting the application.
L. 
A description of typical daily and weekly operating cycles for each process in terms of starting and ending times for each of the seven days of the week.
M. 
Average and maximum twenty-four-hour wastewater flow rates, including thirty-minute peak wastewater flow rates, and daily, monthly and seasonal variations, if any; and a list of each national categorical process waste stream flow rate and the cooling water, sanitary water and stormwater flow rates separately for each connection to the POTW, and list showing each combined waste stream. All flows shall be measured unless other verifiable techniques are approved by the Director.
N. 
A drawing showing all sewer connections and sampling manholes by the size, location, elevation and points or places of discharges into the POTW, storm sewer, or receiving waters.
O. 
A flow schematic drawing showing which connections receive each national categorical process waste stream or other process waste streams, and which connections receive stormwater, sanitary water or cooling water.
P. 
A schematic drawing showing which sewers handle each combined waste stream.
Q. 
Each product produced by type, amount, process or processes and the rate of production as pertains to processes subject to production-based limits under national categorical standards or requirements shall be specified.
R. 
Actual or proposed hours of operation of each pretreatment system for each production process.
S. 
A description and schematic drawing showing each pretreatment facility, identifying whether each such facility is of the batch type or continuous process type.
T. 
If other than potable water is used, identification of the user's source of intake water together with the types of usage and disposal method of each water source and the estimated wastewater volume from each source.
U. 
A statement certified by a qualified professional regarding whether the requirements of this chapter and the national categorical pretreatment standards and requirements are being met on a consistent basis; and if not, what additional operation and maintenance work and/or additional construction is required for the user to comply with applicable standards and requirements.
V. 
A list of all environmental permits (and, if requested by the Director, a copy of any environmental permit) held by the user applicable to the premises for which the user permit is being sought.
W. 
Whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet all applicable federal, state, and local pretreatment standards and requirements. If additional O&M or additional pretreatment will be required to meet the applicable standards and requirements, then the user shall indicate the shortest time schedule necessary to accomplish installation or adoption of the additional O&M and/or pretreatment. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
(1) 
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (including, without limitation, hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and conducting routine operation). No increment referred to above shall exceed nine months, nor shall the total compliance period exceed 18 months.
(2) 
No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between submissions of the progress reports to the POTW.
X. 
Any other information determined necessary by the Director to adequately evaluate the application. To the extent that actual data is not available for a new source, the applicant shall supply estimated or expected information.
Y. 
All applications (and reapplications) shall be signed and certified by an authorized representative of the user as defined by this chapter.
Z. 
The information required to be submitted with an application, including but not limited to, blueprints, drawings, schematics, and site plans, shall be prepared and signed by a qualified licensed engineer unless otherwise approved in advance by the Director.
A. 
The POTW shall evaluate the application information furnished by a user and may require additional information as necessary to complete and properly review the application. No action shall be taken by the Director on an application (and the 120-day review period as provided by this subsection shall not begin to run) until the application is determined to be complete by the Director. Within 120 days after the submission of a complete application (unless the POTW and the applicant agree to extend this time period), the POTW shall either issue a user permit subject to terms and conditions provided by this chapter, deny the application, or determine that a permit is not required as provided by this chapter.
B. 
A user permit may be denied by the Director:
(1) 
If the POTW determines that the proposed discharge, or continued discharge, will not comply with all applicable standards and requirements of this chapter;
(2) 
If the user refuses, fails or declines to accept the terms and conditions of a permit as proposed to be issued by the Director;
(3) 
For any reason that would support a suspension or revocation of the permit as provided by this chapter;
(4) 
If the POTW determines that the POTW cannot adequately or reasonably treat the user's discharge (due to insufficient capacity, the quality or quantity of the pollutants, available POTW resources etc.);
(5) 
If the POTW is not satisfied that the user has not taken all reasonable steps to prevent, minimize or reduce pollutants in the user's discharge;
(6) 
To prevent the discharge of pollutants into the POTW, singly or in combination with other pollutants, for which there is a reasonable potential, as determined by the Director, to:
(a) 
Not meet applicable pretreatment standards and requirements;
(b) 
Interfere with the operation of the POTW;
(c) 
Pass through the POTW into the receiving waters or the atmosphere;
(d) 
Inhibit or disrupt the POTW's processing, use, or disposal of sludge;
(e) 
Cause health or safety problems for POTW workers; or
(f) 
Result in a violation of the POTW's NPDES permit or of other applicable laws and regulations;
(7) 
If the POTW determines that there is not, or will not be, sufficient capacity available (in both wastewater volume and strength) for a proposed discharge in all downstream sewers, pump stations, interceptors, and force mains, including, but not limited to, adequate capacity to accept, treat, and dispose of BOD, TSS, or similar materials as required by applicable local, state, or federal laws, rules, or regulations; or
(8) 
For any other reason determined by the Director as necessary and appropriate to protect the POTW or to meet the purposes and intent of this chapter.
A. 
User permits shall be subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by the Director. Further, user permits incorporate by reference all provisions, regulations, and requirements of the chapter without setting them forth in full therein.
B. 
Nondomestic user permits shall at a minimum include all of the conditions required by Mich Admin Code 323.2306(a)(iii). In addition, user permits shall include any conditions determined reasonably necessary by the Director to prevent pass-through or interference, to protect the quality of the receiving waters, to protect worker health and safety, to facilitate POTW sludge management and disposal, to protect ambient air quality, to protect against damage to the POTW, or to otherwise achieve the objectives of this chapter, including, but not limited to, the following:
(1) 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.
(2) 
Limits on the average and/or maximum concentration, mass, or other measure of identified wastewater constituents or properties.
(3) 
Requirements for installation of pretreatment technology or construction of appropriate containment devices, or similar requirements designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.
(4) 
Development and implementation of slug discharge control plans, spill control plans, or other special conditions, including additional management practices necessary to adequately prevent accidental or unanticipated discharges.
(5) 
Requirements for installation, maintenance, repair, calibration and operation of inspection and sampling facilities and discharge flow monitors.
(6) 
Specifications for monitoring programs which shall include, but are not limited to, sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.
(7) 
Compliance schedules.
(8) 
Requirements for submission of technical reports or discharge reports.
(9) 
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Director and affording the POTW access to those records.
(10) 
Requirements for notifying the POTW if self-monitoring indicates a violation as provided by § 28-08.04 of this chapter, and for repeat sampling and analysis as provided by § 28-09.06 of this chapter.
(11) 
Requirements for notification of any new introductions of wastewater constituents or of any substantial change in the volume or character of the wastewater being introduced into the POTW, including listed or characteristic hazardous waste for which the user has submitted initial notification under Mich Admin Code R 323.2310(15).
(12) 
Requirements for the notification of any change in the manufacturing and/or pretreatment process used by the permittee.
(13) 
Requirements for notification of accidental or slug discharges, or discharges that exceed a discharge prohibition.
(14) 
Requirements for notification and need for prior approval from the Director for any proposed change in a sampling location.
(15) 
A statement regarding limitations on transferability of the permit.
(16) 
A statement of the duration of the permit.
(17) 
A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable pretreatment standards and requirements, including those that become effective during the term of the permit.
(18) 
Requirements for a written certification signed by the permittee that acknowledges that the permittee has read and fully understands all terms and conditions of the permit; and acknowledges that the permittee accepts all of the terms and conditions of the permit as written and accepts full responsibility for complying with the permit as approved.
(19) 
A statement of applicable civil and criminal penalties for violation of discharge limitations, pretreatment standards and requirements, and compliance schedules.
(20) 
Requirements regarding development by a user of a pollutant prevention, minimization, or reduction plan (e.g., for mercury or PCBs) and/or requirements regarding use of best management practices to control, contain, treat, prevent, or reduce the discharge of wastewater, pollutants, or other substances to the POTW, to implement the discharge prohibitions or limits as provided by § 28-06.01, or otherwise meet the purposes, policies and objectives of this chapter.
(21) 
Requirements regarding development by a user of a sampling plan for one or more pollutant parameters to be approved by the Director.
(22) 
Terms, conditions, and requirements for a SAL if a SAL has been approved for the user.
(23) 
Other conditions as determined necessary by the Director to ensure compliance with this chapter and other applicable laws, rules and regulations.
If the POTW determines that a user is discharging substances of a quality, in a quantity, or in a location that may cause problems to the POTW or the receiving stream, the POTW has the authority to develop and enforce effluent limits applicable to the user's discharge.
A. 
A user permit may be modified by the Director at any time and for any reason determined necessary by the Director to assure compliance with the requirements of this chapter and other applicable laws and regulations, including, without limitation, any of the following reasons:
(1) 
To incorporate any new or revised federal, state or local pretreatment standards or requirements, or other applicable requirement of law or regulation.
(2) 
Material or substantial changes or additions to the permittee's operations, processes, or the character or quality of discharge that were not considered in drafting or issuing the existing permit. It shall be the duty of a user to request an application form and to apply for a modification of the permit within 30 days of any such change(s). The POTW may modify a permit on its own initiative based on its findings or upon reasonable cause to believe that any such change(s) has occurred or threatens to occur.
(3) 
A change in any condition in the permittee's discharge, facility, production or operations, or in the POTW, that requires either a temporary or permanent reduction or elimination of the permittee's discharge to assure compliance with applicable laws, regulations or the POTW's NPDES permit.
(4) 
Information indicating that the permitted discharge poses a threat to collection or treatment systems; the POTW's processing, use, or disposal of sludge; POTW personnel; or the receiving waters.
(5) 
Violation of any terms or conditions of the user's permit.
(6) 
Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required report or notice.
(7) 
Revision of, or a grant of a variance from, applicable categorical standards pursuant to 40 CFR 403.13.
(8) 
To correct typographical or other errors in the permit.
(9) 
To reflect transfer of the facility ownership and/or operation to a new owner or operator.
(10) 
To add or revise a compliance schedule for the permittee.
(11) 
To reflect changes or revisions in the POTW's NPDES permit.
(12) 
To ensure POTW compliance with applicable sludge management requirements promulgated by EPA.
(13) 
To incorporate any new or revised requirements resulting from reevaluation of the POTW's local limits.
(14) 
To incorporate a request for modification by the permittee, as determined appropriate by the Director and provided the request does not create a violation of any applicable requirement, standard, law, rule or regulation.
B. 
The permittee shall be informed of any changes in the permit at least 30 days prior to the effective date of the change, unless a shorter time is determined necessary by the Director to meet applicable laws, to protect human health or the environment, or to facilitate an enforcement action.
A. 
Nondomestic user permits shall be issued for a specified time period, not to exceed five years, subject to modification, reissuance, suspension or revocation as provided by this section. At the sole discretion of the Director, a nondomestic user permit may be issued for a period less than five years and may be stated to expire on a specific date.
B. 
General user permits may be issued for any time period determined appropriate by the Director, subject to modification, reissuance, suspension, or revocation as provided by this section.
A. 
To apply for reissuance of an existing user permit, a user must submit a complete permit application to the POTW accompanied by payment of an application fee at least 90 days prior to the expiration of the user's existing permit (or at least 180 days prior to the expiration of a five-year permit). The application shall be submitted in a form prescribed by the Director. It shall be the responsibility of the user to make a timely application for reissuance.
B. 
All user permits issued to a particular user are void upon the issuance of a new user permit to that user.
An expired user permit will continue to be effective until the permit is reissued only if: (a) the user has submitted a complete permit application at least 90 days prior to the expiration date of the user's existing permit (or at least 180 days prior to the expiration date of a five-year permit); and (b) the failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the user. In all other cases, discharge to the POTW following expiration of a permit is unlawful.
A. 
User permits may be suspended or permanently revoked by the Director for any reason determined necessary by the Director to assure compliance with the requirements of this chapter, the POTW's NPDES permit, or other applicable laws and regulations, including, without limitation, any of the following reasons:
(1) 
Falsifying self-monitoring reports or any other report, notification, or submission.
(2) 
Tampering with monitoring equipment.
(3) 
Failure to allow timely and reasonable access to the permittee's premises and records by representatives of the POTW for purposes authorized by this chapter, including, without limitation, inspection or monitoring.
(4) 
Failure to meet effluent limitations.
(5) 
Failure to pay fines or penalties.
(6) 
Failure to pay sewer charges.
(7) 
Failure to pay permit fees.
(8) 
Failure to meet compliance schedules.
(9) 
Failure to comply with any term or condition of the permit, an order, the requirements of this chapter, or any final judicial order entered with respect thereto.
(10) 
Failure to comply with any reporting or notice requirement.
(11) 
Failure to disclose fully all relevant facts in the permit application or during the permit issuance process, or misrepresentation of any relevant fact at any time.
(12) 
Failure to complete a wastewater survey or the user permit application.
(13) 
As determined by the Director, the discharge permitted by the permit has a reasonable potential to endanger human health or the environment and the threat can be abated only by suspension or revocation of the permit.
B. 
Upon suspension or revocation of a permit, a user shall immediately terminate its discharge to the POTW and shall not thereafter recommence discharge without further authorization from the Director as provided by this chapter. The POTW may reissue a revoked permit upon a showing satisfactory to the Director that the permittee has corrected the violation or condition that led to the revocation. A person who has had a permit revoked may apply for a new permit.
C. 
A person's taking or failure to take any of the actions provided by § 28-07.11A(1) through (13) shall also constitute a violation of this chapter and subject the person to enforcement action in addition to and independent of user permit suspension or revocation.
A. 
A user permit is issued to a specific user for discharge from a specific facility and operation and shall not be assigned or transferred or sold to a new or different owner, operator, user, discharger, facility or premises, or to a new or changed facility or operation, without the prior written approval of the Director. If the transfer of a permit is approved, any succeeding transferee permittee must also comply with the terms and conditions of the existing permit. The Director may approve (but shall not be required to approve) the transfer of a permit only if all of the following conditions are met:
(1) 
The transferor (permittee) shall give at least 60 days' advance notice to the Director of the proposed transfer of the permit (unless a shorter notice period is approved by the Director in advance). The notice shall include a written certification signed by the proposed transferee that:
(a) 
States that the transferee has no present intent to change the facility's operations and processes;
(b) 
Identifies the specific date on which the transfer is to occur;
(c) 
Acknowledges that the transferee has read and fully understands all terms and conditions of the permit; and
(d) 
Acknowledges that the transferee accepts all of the terms and conditions of the permit as written and accepts full responsibility for complying with the existing permit if the transfer is approved.
(2) 
As of the date of the proposed transfer, there are no outstanding violations of the permit, and there are no unpaid charges, fines, penalties or fees of any kind due to the POTW from the transferor or the transferee related to use of the POTW.
(3) 
Except as to the identity of the new discharger (the transferee), the application materials for the permit to be transferred as originally filed by the transferor, as well as the terms and conditions of the permit itself, are completely accurate with respect to, and fully applicable to, the discharge, facilities, and activities of the transferee.
(4) 
The permit transfer fee as established by the Director has been paid to the City.
B. 
If the transfer of a permit is approved and the permit transfer fee has been paid to the City, the Director shall make the necessary minor modifications to the permit to show the transferee as the permittee, and a copy of the permit shall be provided to the transferee for signature and certification by the transferee as provided by § 28-08.11 of this chapter. The transferor (permittee) shall remain liable for any discharges to the POTW from the facility (along with any other persons actually discharging from the facility to the POTW) until a transfer of the permit has been approved as provided by this section.
C. 
This section is not intended to, and shall not be construed to, limit in any way the transfer of ownership of the property involved.
D. 
Any attempt to transfer a user permit that does not comply with the requirements of this section renders the permit void as of the date of the invalid transfer.
Users shall furnish to the POTW any available information that the POTW requests to determine whether cause exists for modifying, revoking and reissuing, or terminating a user permit, to determine compliance with a permit, to determine whether a permit is required, or for any purpose as otherwise determined necessary by the Director. Users shall also, upon request, furnish to the POTW copies of any records required to be kept by a permit. The information and records requested by the Director shall be provided by the user to the POTW within 24 hours of the request, unless an alternative time frame is specified by the Director when making the request or unless the POTW allows additional time for the user to submit the requested information based on a showing by the user of good cause for any delay. The user's failure to submit the requested information to the POTW within 24 hours (or within any alternate time period approved by the Director as provided by this section) shall constitute a violation of this chapter.
Except as otherwise provided by this article, an informal appeal to the Director [or, if applicable, a subsequent formal appeal to the Wastewater Board of Appeals (WBA)] of any final decision made by the Director in connection with issuing or implementing a user permit shall be governed by Article 18 of this chapter. An appealing party must specify in its notice of appeal the action of the POTW being appealed and the grounds for the appeal. If a particular permit provision is objected to, the notice of appeal must specify the reasons for the objection, and the alternative provision, if any, sought to be placed in the permit. The effectiveness of a permit or any final decision made by the Director shall not be stayed pending a decision by the Director (or, if formally appealed to the WBA, pending a decision of the WBA). If formerly appealed to the WBA, after considering the record on appeal including any statements provided by the Director in response to the appeal, the WBA determines that a permit or any provision of a permit should be reconsidered, the WBA shall remand the matter to the Director for further action as determined appropriate by the WBA. Specific provisions of a permit that are remanded by the WBA for reconsideration by the Director shall be stayed pending further final action taken by the Director as required by the decision of the WBA. A decision of the Director not timely appealed to the WBA shall be considered final administrative action for purposes of judicial review. A decision of the WBA not to remand any matter shall be considered final administrative action for purposes of judicial review.
Except as otherwise expressly provided by § 28-07.14, no action taken or request filed by any permittee shall operate to stay the effect of any permit or of any provision, term or condition of any permit, including, without limitation, a request for permit modification, reissuance, or transfer, or a notification of planned changes or anticipated noncompliance.
User permit fees shall be established, paid, and collected as provided by this article and Article 23 of this chapter.