When requested by the DCO, a user must submit, at the user's expense, information on the nature and characteristics of its wastewater by the deadline stipulated. The DCO is authorized to prepare a form for this purpose and may periodically require users to update this information.
(Ordinance 4229 adopted 9/24/2024)
(A) 
No SIU or non-significant categorical industrial user (NSCIU) shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the DCO, 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 171.19 of this chapter may continue to discharge for the time period specified therein.
(B) 
The DCO 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 chapter. To determine the status of a user in relation to this chapter, users may be required to perform sampling as specified by the DCO.
(C) 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in sections 171.46 through 171.52 and 171.99 of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements with any other federal, state, and local law.
(Ordinance 4229 adopted 9/24/2024)
(A) 
Changes in the nature of pollutants from an existing user, such as new or increased contributions or pollutants to the POTW, must be reported to the city prior to discharge. A permitted user shall be required to submit an amendment to the discharge permit application. A user without a permit shall be required to submit a permit application. The requested changes may be denied or placed under special permit conditions by the DCO if they may be deemed to have an adverse effect upon the POTW, or do not meet applicable pretreatment standards or requirements.
(B) 
Any user required by this chapter to obtain a wastewater discharge permit, who was discharging wastewater into the POTW prior to the effective date of this chapter, and who wishes to continue such discharges in the future, shall, within ninety (90) days after that date apply to the DCO for a wastewater discharge permit in accordance with section 171.19 of this chapter, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of the effective date of this chapter, except in accordance with a wastewater discharge permit issued by the DCO.
(C) 
If, in the DCO's judgment, the passing of the chapter does not significantly affect a user's current permit, then the existing permit will continue through to the expiration or reissue date.
(Ordinance 4229 adopted 9/24/2024)
(A) 
Any user required by this chapter to obtain a wastewater discharge permit, who proposes to begin or recommence discharging into the POTW, must first submit a permit application to the DCO, who may disallow any or all discharges until a wastewater discharge permit is issued.
(B) 
An application for this wastewater discharge permit, in accordance with section 171.19 of this chapter, must be filed at least 60 days prior to the date upon which any discharge will begin or recommence, unless an alternate time period is specified by the DCO.
(Ordinance 4229 adopted 9/24/2024)
(A) 
Any user may be required to submit a permit application or a survey form in order to determine if a wastewater discharge permit will be required, on forms or in a format specified by the DCO.
(B) 
All users required by this chapter to obtain a wastewater discharge permit must submit a permit application. The DCO may require all users to submit as part of an application, or a survey form, the following information:
(1) 
All information required by subsection 171.29(C) of this chapter;
(2) 
Description of activities, facilities, and plant processes on the premises, including all primary and secondary SIC codes, 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;
(3) 
Number and type of employees, hours of operation, and proposed or actual hours of operation;
(4) 
Each product produced by type, amount, process or processes, and rate of production;
(5) 
Type and amount of raw materials processed (average and maximum per day);
(6) 
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;
(7) 
Time and duration of discharges;
(8) 
Information regarding ownership and authorized representatives of the user; and
(9) 
Any other information as may be deemed necessary by the DCO to evaluate the wastewater discharge permit application.
(C) 
Incomplete or inaccurate applications will not be processed and may be returned to the user for revision. It shall be a violation of this chapter to not resubmit the completed or corrected application when required.
(Ordinance 4229 adopted 9/24/2024)
(A) 
An authorized representative of the user must sign all wastewater discharge permit applications, survey forms and user reports, including BMR and DMR, 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."
(B) 
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 DCO prior to or together with any reports to be signed by an authorized representative of the user.
(C) 
A facility determined to be a NSCIU by the DCO pursuant to Section 171.03 (see definition of SIU (B)) must annually submit the signed certification statement signed in accordance with the signatory requirements for the authorized representative of the user in Section 171.03. This certification must accompany an alternative report required by the DCO:
"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]:
(1) 
The facility described as __________[facility name] met the definition of a Non Significant Categorical Industrial as described in section 171.03 (see definition of SIU (B)); [Note: See 40 CFR § 403.3(v)(2)].
(2) 
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.
(3) 
This compliance certification is based on the following information."
(D) 
It shall be a violation of this chapter to submit an application, survey or user report with false, misleading or fraudulent information.
(Ordinance 4229 adopted 9/24/2024)
The DCO will evaluate the data furnished by the user and may require additional information. The DCO may also require the installation of necessary devices to facilitate monitoring. Within a reasonable time from receipt of a complete wastewater discharge permit application the DCO will determine whether or not to issue a wastewater discharge permit. The DCO may deny any application for a wastewater discharge permit.
(Ordinance 4229 adopted 9/24/2024)
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 DCO. Each wastewater discharge permit will indicate a specific date upon which it will expire. The permit shall be valid until revised and reissued, suspended, revoked or voided.
(Ordinance 4229 adopted 9/24/2024)
(A) 
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 171.19 of this chapter, a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit.
(B) 
The DCO may at any time require a user to submit a revised wastewater discharge permit application or survey form, or updated application or survey information.
(Ordinance 4229 adopted 9/24/2024)
(A) 
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the DCO to protect human health and the environment, 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 shall 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 171.25.1 of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) 
Effluent limits, including BMPs, based on applicable pretreatment standards;
(4) 
Self-monitoring, sampling, reporting, notification, and record-keeping requirements, including those for BMPs. These requirements shall include report due dates, the requirement that sampling is performed during the applicable reporting period, 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 DCO to be necessary.
(C) 
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) 
Limits on the average or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(2) 
Requirements for the installation, operation and maintenance 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 criteria, e.g., hazard and risk analysis and contingency planning, including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(4) 
Development and implementation of plans for waste mm1m1zation[??], pollution prevention and/or recycling of industrial wastewater and sludge 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 location, installation, operation 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 DCO to be necessary; and
(9) 
Other conditions as deemed appropriate by the DCO to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
(D) 
All conditions in, or modifications to, a wastewater discharge permit are enforceable as part of this chapter.
(Ordinance 4229 adopted 9/24/2024)
The DCO 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 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;
(9) 
To reflect a transfer of the facility ownership or operation to a new owner or operator; or
(10) 
Other conditions as deemed appropriate by the DCO to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
(Ordinance 4229 adopted 9/24/2024)
(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 DCO and the DCO approves the wastewater discharge permit transfer. The notice to the DCO 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 4229 adopted 9/24/2024)
(A) 
The DCO may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons, each of which are a violation of this chapter:
(1) 
Failure to notify the DCO of significant changes to the wastewater prior to the changed discharge;
(2) 
Failure to provide prior notification to the DCO of changed conditions pursuant to section 171.33 of this chapter;
(3) 
Falsification, misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or survey, self-monitoring reports (e.g., DMR) or any other requested documents;
(4) 
Tampering with monitoring equipment;
(5) 
Refusing to allow the DCO timely access to the facility premises and records;
(6) 
Failure to meet effluent limitations;
(7) 
Failure to pay fines;
(8) 
Failure to pay monitoring, water and/or sanitary sewer charges;
(9) 
Failure to pay for all costs incurred by the city in the abatement, cleanup and/or remediation of pretreatment violations and/or any other prohibited discharge;
(10) 
Failure to meet compliance schedules;
(11) 
Failure to complete or update a wastewater survey or the wastewater discharge permit application;
(12) 
Failure to provide advance notice of the cessation of business, lease, sale or 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 chapter.
(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 4229 adopted 9/24/2024)
(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 4229 adopted 9/24/2024)
(A) 
An extra-jurisdictional user shall apply for a permit in accordance with this chapter at least ninety (90) days prior to discharging to the POTW.
(B) 
This section does not apply to extra-jurisdictional users in jurisdictions which have an agreement with the city pursuant to section 171.31.
(C) 
A wastewater discharge permit issued to an extra-jurisdictional 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 extra-jurisdictional user shall agree to all the terms of this chapter and the terms of its wastewater discharging contract in accordance with the procedures set forth in section 171.24 of this chapter prior to discharging into the POTW.
(Ordinance 4229 adopted 9/24/2024)