When requested by the pretreatment coordinator, a user must submit information on the nature and characteristics of its wastewater by the deadline stipulated. The city manager is authorized to prepare a form for this purpose and may periodically require users to update this information.
[Ordinance 2409 adopted 10/8/2024]
(a) 
No significant industrial user (SIU) or nonsignificant categorical industrial user (NSCIU) shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the city manager, who may disallow any or all discharges until a wastewater discharge permit is issued, except that a SIU or a NSCIU that has filed a timely application pursuant to section 86-115 of this article may continue to discharge for the time period specified therein.
(b) 
The city manager may require other users to submit a completed permit application or survey form, including monitoring data, and to obtain wastewater discharge permits as necessary to carry out the purposes of this article. To determine the status of a user in relation to this article, users may be required to perform sampling as specified by the city manager.
(c) 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in division 5 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of the obligation to comply with all federal and state pretreatment standards or requirements with any other requirements of federal, state, and local law.
[Ordinance 2409 adopted 10/8/2024]
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within ninety (90) days after that date, apply to the city manager for a wastewater discharge permit in accordance with section 86-117 of this article, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of the effective date of this article except in accordance with a wastewater discharge permit issued by the city manager. If, in the city manager's judgment, the passing of the article does not significantly affect the industrial user's current permit, then the existing permit may continue through to the expiration date.
[Ordinance 2409 adopted 10/8/2024]
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain that permit prior to the beginning or recommencing of the discharge. An application for this wastewater discharge permit, in accordance with section 86-117 of this article, must be filed prior to the date upon which any discharge will begin or recommence.
[Ordinance 2409 adopted 10/8/2024]
(a) 
Permit application.
All users required to obtain a wastewater discharge permit must submit a permit application.
(1) 
The city manager may require all users to submit as part of an application the following information:
a. 
All information required by section 86-127(b) of this article;
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 which are, or could accidentally or intentionally be, discharged to the POTW;
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 discharges; and
h. 
Any other information as may be deemed necessary by the city manager to evaluate the wastewater discharge permit application.
(2) 
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(b) 
Signatories and certification.
(1) 
An authorized representative of the user must sign all wastewater discharge permit applications, user reports, and enforcement responses. Wastewater discharge permit applications and user reports as identified in 40 CFR § 403.12(b), (d), (e), and (h), must 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 assure 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."
(2) 
If the designation of an authorized representative of the user is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the city manager prior to or together with any reports to be signed by an authorized representative of the user.
(3) 
A facility determined to be a nonsignificant categorical industrial user (NSCIU) by the city manager pursuant to section 86-99 must annually submit the signed certification statement signed in accordance with the signatory requirements in section 86-99. This certification must accompany an alternative report required by the city manager:
a. 
"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical pretreatment standards under 40 CFR § _____, I certify, to the best of my knowledge and belief, that during the period from _____, _____ to _____, _____ [months, days, year]:
b. 
The facility described as _____ [facility name] met the definition of a nonsignificant categorical industrial as described in Section 86-99; [Note: See 40 CFR § 403.3(v)(2)]
c. 
The facility complied with all applicable pretreatment standards and requirements during this reporting period; and the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.
d. 
This compliance certification is based on the following information.
_____________________________________________
_____________________________________________
_____________________________________________
[Ordinance 2409 adopted 10/8/2024]
The city manager will evaluate the data furnished by the user and may require additional information. Within a reasonable time from receipt of a complete wastewater discharge permit application, the city manager will determine whether to issue a wastewater discharge permit. The city manager may deny any application for a wastewater discharge permit.
[Ordinance 2409 adopted 10/8/2024]
A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the city manager. Each wastewater discharge permit will indicate a specific date upon which it will expire.
[Ordinance 2409 adopted 10/8/2024]
(a) 
A 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.
(b) 
Wastewater discharge permits must contain:
(1) 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;
(2) 
A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with section 86-122 of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) 
Effluent limits including best management practices based on applicable pretreatment standards;
(4) 
Self-monitoring, sampling, reporting, notification, and recordkeeping requirements including those for BMPs. 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;
(5) 
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; and
(6) 
Requirements to control slug discharge, if determined by the city manager to be necessary.
(c) 
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, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(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;
(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;
(8) 
Requirements to implement BMPs, if determined by the city manager to be necessary; and
(9) 
Other conditions as deemed appropriate by the city manager to ensure compliance with this article, and state and federal laws, rules, and regulations.
[Ordinance 2409 adopted 10/8/2024]
The city manager may modify a 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 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 POTW, POTW personnel, or the receiving waters;
(5) 
Violation of any terms or conditions of the 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 wastewater discharge permit; or
(9) 
To reflect a transfer of the facility ownership or operation to a new owner or operator.
[Ordinance 2409 adopted 10/8/2024]
(a) 
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives a minimum of sixty (60) days advance notice to the city manager and the city manager approves the wastewater discharge permit transfer. The notice to the city manager must include a written certification by the new owner or operator which:
(1) 
States that 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 wastewater discharge permit.
(b) 
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
[Ordinance 2409 adopted 10/8/2024]
(a) 
The city manager may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) 
Failure to notify the city manager of significant changes to the wastewater prior to the changed discharge;
(2) 
Failure to provide prior notification to the city manager of changed conditions pursuant to section 86-131 of this article;
(3) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) 
Falsifying self-monitoring reports;
(5) 
Tampering with monitoring equipment;
(6) 
Refusing to allow the city manager timely access to the facility premises and records;
(7) 
Failure to meet effluent limitations;
(8) 
Failure to pay fines;
(9) 
Failure to pay sewer charges;
(10) 
Failure to meet compliance schedules;
(11) 
Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) 
Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.
(b) 
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
[Ordinance 2409 adopted 10/8/2024]
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 86-120 of this article, a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit.
[Ordinance 2409 adopted 10/8/2024]
(a) 
A municipality which contributes wastewater to the POTW, shall enter into an interlocal agreement with the city prior to contributing such wastewater.
(b) 
Prior to the city entering into an interlocal agreement as provided in subsection (a), the city may request the following information from the contributing municipality:
(1) 
A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
(2) 
An inventory of all users located within the contributing municipality that are discharging to the POTW; and
(3) 
Such other information as the city may deem necessary.
[Ordinance 2409 adopted 10/8/2024]
(a) 
An extrajurisdictional user shall apply for a permit in accordance with this article at least ninety (90) days prior to discharging to the POTW.
(b) 
This section does not apply to extrajurisdictional users in jurisdictions which have an agreement with the city pursuant to section 86-125.
(c) 
A wastewater discharge permit issued to an extrajurisdictional user shall be in the form of a contract, and must include, at a minimum, the components found in 40 CFR § 403.8(f)(1)(iii) and shall require the approval of the city's council. An extrajurisdictional user shall agree to all the terms of this article and the terms of its wastewater discharging contract in accordance with the procedures set forth in section 86-117 and 86-120 of this article prior to discharging into the POTW.
[Ordinance 2409 adopted 10/8/2024]