An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five years, at the discretion of the City Manager. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.
(Ord. No. 6457, 5/15/2023)
(1) 
An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the City Manager 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.
(2) 
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 nontransferable without prior notification to the City Manager, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c) 
Effluent limits, including BMPs, based on applicable pretreatment standards;
(d) 
Specifications for monitoring and sampling programs which may include monitoring and sampling locations, frequency of monitoring, sampling, number and types of tests, standards for tests and reporting schedules based on federal, state and local law;
(e) 
Requirements for submitting technical reports, discharge reports, licenses, manifests, or plans;
(f) 
Requirements for maintaining and retaining records required by a wastewater discharge permit, and affording the City Manager access thereto;
(g) 
Requirements for notifying the City two days after a permit holder that is subject to equivalent mass or concentration limits calculated from a production-based standard has a reasonable basis to know that the production level will significantly change within the next calendar month, and that without such notification, permit holder must meet the mass or concentration limits in its permit that were based on the original estimate of the long term average flow rate;
(h) 
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;
(i) 
Requirements to control slug discharge, if determined by the City Manager to be necessary;
(j) 
Requirements for immediately notifying the City of slug load discharges or a change in potential for spill or slug discharges;
(k) 
Requirement to report a bypass or upset of a pretreatment facility;
(l) 
Requirement for notifying the City Manager where self-monitoring results indicate noncompliance;
(m) 
Requirement for the SIU who reports noncompliance to repeat the sampling and analysis and submit analysis to the City Manager within 30 days after becoming aware of the violation.
(3) 
Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:
(a) 
Payment of applicable fees;
(b) 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(c) 
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;
(d) 
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;
(e) 
Requirements to limit, control, or reduce the concentrations of pollutant discharges through the use of BMPs;
(f) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(g) 
Requirements for installation and maintenance of pretreatment, inspection, or monitoring and sampling facilities and equipment, including flow measurement devices;
(h) 
Compliance schedules;
(i) 
Requirements for notifying the City of any new discharge of a restricted substance or any substantial change in the volume or character of the wastewater or any restricted substances being discharged;
(j) 
Requirements that the permit holder notify the City of any disposal of wastewater in excess of 500 gallons to any person in any period of 12 consecutive calendar months;
(k) 
Authorized points of discharge, regulated processes or waste streams;
(l) 
Requirement for a written report within five days of notification of an effluent limit violation;
(m) 
Requirement for the SIU to establish and maintain a Sampling and Analysis Plan;
(n) 
Requirement for adequate general liability and property damage insurance;
(o) 
Requirement to apply in writing for permission to discharge any hauled non-domestic wastewater;
(p) 
Requirement to provide the City advanced notice of any non-routine or hauled non-domestic wastewater discharges, and a statement on the authority for the City Manager to prohibit or condition such discharges;
(q) 
Requirement that a hauled waste discharge site have any spilled material removed or cleaned up after discharge; or
(r) 
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
(s) 
Other conditions as deemed appropriate by the City Manager to ensure compliance with the Industrial Pretreatment Code, and state and federal laws, rules, and regulations.
(4) 
The City Manager may, at its discretion, issue a certification in lieu of a control mechanism for NSCIUs and NDCIUs.
(Ord. No. 6457, 5/15/2023)
The City Manager 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
(9) 
To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with section 4.028.
(Ord. No. 6457, 5/15/2023)
(1) 
Individual wastewater discharge permits may be assigned or transferred to a new owner or operator only if the permittee gives at least 30 days' advance notice to the City Manager and the City Manager approves the individual wastewater discharge permit transfer. The notice to the City Manager must include a written certification by the new owner or operator which:
(a) 
States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(b) 
Identifies the specific date on which the transfer is to occur; and
(c) 
Assumes full responsibility for complying with the existing individual wastewater discharge permit.
(2) 
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit voidable as of the date of facility transfer.
(Ord. No. 6457, 5/15/2023)
(1) 
The City Manager may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) 
Failure to notify the City Manager of significant changes to the wastewater prior to the changed discharge;
(b) 
Failure to provide prior notification to the City Manager of changed conditions pursuant to section 4.043;
(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 City Manager timely access to the facility premises and records;
(g) 
Failure to meet discharge 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) 
If the City Manager has to invoke its emergency provision as cited in section 4.071; or
(n) 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the Industrial Pretreatment Code.
(2) 
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.
(3) 
The industrial user whose discharge permit is revoked pursuant to this section shall be prohibited from applying for a new discharge permit for a period of two years from the date of final decision. The prohibition may be waived if the City Manager determines that the issuance of a new discharge permit is necessary to avert an imminent or existing danger to the health or welfare of persons, property, or the environment.
(4) 
The filing of an appeal pursuant to sections 4.032 through 4.034 shall stay enforcement of the action by the City Manager under this section pending final administrative action on the appeal. This provision supplements and does not restrict other provisions of this code, laws or regulations authorizing termination of service for delinquency in payment of fees or charges.
(Ord. No. 6457, 5/15/2023)
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 4.022, a minimum of 90 days prior to the expiration of the user's existing individual wastewater discharge permit. Discharge limits or rules in effect and incorporated into any permit shall remain in effect for that permit until it expires, except as modified pursuant to section 4.027.
(Ord. No. 6457, 5/15/2023)
(1) 
Individual wastewater discharge permits issued for a duration of less than five years, may be administratively extended up to five years from the effective date of the permit, but in no case shall an individual wastewater discharge permit be administratively extended past the maximum duration established in this section 4.031.
(2) 
An expired permit shall continue to be in effect until a final action has been taken on the renewal application to issue or deny the permit if:
(a) 
The permit holder has submitted a complete permit application at least 90 days prior to the expiration of its permit; and
(b) 
The failure to take final action is not due to any act or failure to act on the part of the permit holder.
(Ord. No. 6457, 5/15/2023)