The director may issue a wastewater discharge permit for a period of up to five years from its effective date. Each wastewater discharge permit will indicate its expiration date.
(Ord. 1719 § 1 (Exh. A), 2024)
Wastewater discharge permits will include conditions the director deems reasonably necessary to carry out the goals of BLMC § 13.14.010, federal and state regulations, and the requirements of this chapter. In addition to the permit information contents below, all permitted users shall at all times be responsible for the proper operation and maintenance of any facilities or systems of control installed by the permittee to achieve compliance with the terms of conditions of the permit.
A.
Significant industrial user and categorical industrial user wastewater discharge permits will contain the following information:
1.
The permit issuance date, expiration date, and effective date;
2.
A statement that the wastewater discharge permit is nontransferable without prior notification to the director in accordance with BLMC § 13.14.640, 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 and requirements to apply AKART (see BLMC § 13.14.230(I));
4.
The pollutants to be monitored and specific monitoring, record keeping and reporting requirements. This includes the sampling location(s), sampling frequencies, sampling custody records, and sample types consistent with federal and state law and this chapter, and the requirement that monitoring data be analyzed by a laboratory registered or accredited under the provisions of Chapter 173-50 WAC;
5.
Requirements to submit certain reports (as reflected in Article VII of this chapter, Reporting Requirements), including submittal and approval of plans, reports and manuals as required by Chapter 173-240 WAC, and to provide various notifications, keep records, and if required, implement best management practices;
6.
The process to be used to request a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with BLMC § 13.14.730(J), or a specific waived pollutant in the case of an individual permit;
7.
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, any applicable compliance schedule, falsification of reports or tampering with sampling equipment. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;
8.
Requirements to control slug discharges, including to develop, update, and implement slug discharge control plans (see BLMC § 13.14.420 for required content) where the director determines such plans are necessary to prevent accidental, unanticipated, or nonroutine discharges;
9.
Any monitoring, which has been conditionally waived by the director according to BLMC § 13.14.730(J) but which automatically applies at any time the requirements of the conditional waiver are not met;
10.
Requirement for immediate notification to the director where self-monitoring results indicate noncompliance;
11.
Requirement to immediately take action to stop, contain, and cleanup a bypass, slug discharge, or any other unauthorized discharge, immediately notify the director, and submit a written report to the director within 30 days of the occurrence, as required by Chapter 173-216 WAC;
12.
Requirement to submit permit application for the renewal of a permit at least 60 days prior to expiration of permit;
B.
Wastewater discharge permits may contain, but need not be limited to, the following additional conditions:
2.
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
3.
Requirements to install pretreatment technology, pollution controls, or to construct appropriate containment devices to reduce, eliminate, or prevent the introduction of pollutants into the treatment works, ground, or stormwater;
4.
Requirements to develop and implement of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
5.
Requirements to pay charges or fees for discharge to the POTW including high strength charges;
6.
Requirements to install, maintain, and properly operate inspection, sampling, and pretreatment facilities and equipment, including flow measurement devices;
7.
Notice 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; and
8.
Other conditions as deemed appropriate by the director to ensure compliance with this chapter, and federal and state laws, rules, and regulations.
C.
Other nondomestic user control mechanisms may contain, as determined by the director, the information specified in BLMC § 13.14.540(A) and (B).
(Ord. 1719 § 1 (Exh. A), 2024)
A.
Public Notice. Nondomestic users shall follow the procedures for public notice found in BLMC § 13.14.320(G) and (H). The director shall consider and respond to public input as appropriate prior to issuance of a permit. The director will arrange a public meeting if properly requested and if there is sufficient public interest, pursuant to WAC 173-216-100.
B.
Permit Appeals. Any person, including the nondomestic user, may petition the director to reconsider the terms of a wastewater discharge permit within 30 days of the date of its issuance.
1.
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
2.
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition(s), if any, it seeks to place in the wastewater discharge permit.
3.
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
4.
If the director fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
5.
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the superior court of Pierce County within 30 days of final agency action and properly served upon the city.
(Ord. 1719 § 1 (Exh. A), 2024)
The director may modify a wastewater discharge permit or other control document for good cause, including, but not limited to, any of the following reasons:
A.
To incorporate any new or revised federal, state, or local pretreatment standards or requirements including new or revised local limits;
B.
To address new or changed operations, processes, production rates, wastestreams, or changes in water volume or character;
C.
To reflect conditions at the POTW requiring an authorized discharge to be reduced or curtailed. Such requirements may be either temporary or permanent;
D.
Based on information that indicates a permitted discharge poses a threat to POTW or staff, the receiving waters, or to violate a prohibition of this chapter;
E.
To address violations of any terms or conditions of the wastewater discharge permit;
F.
To address misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required report;
G.
To incorporate revisions based on a variance from categorical pretreatment standards approved pursuant to 40 CFR Part 403.13;
H.
To correct typographical or other errors in the wastewater discharge permit; or
(Ord. 1719 § 1 (Exh. A), 2024)
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days' advance notice to the director and the director approves the wastewater discharge permit transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. The notice to the director must include a written certification by the new owner or operator which:
A.
States that the new owner and/or operator have 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.
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Provided, that the notice required above occurs and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing connection per BLMC § 13.14.520 and be covered by the existing limits and requirements in the previous owner's discharge approval.
(Ord. 1719 § 1 (Exh. A), 2024)
The director may terminate or revoke a wastewater discharge permit or other control document for good cause, including, but not limited to, when a nondomestic user has:
A.
Failed to notify the director of significant changes to the wastewater prior to the changed discharge;
B.
Failed to provide prior notification to the director of changed conditions pursuant to BLMC § 13.14.740;
C.
Misrepresented or failed to fully disclose all relevant facts in the wastewater discharge permit application;
D.
Falsified self-monitoring reports or tampered with monitoring equipment;
E.
Refused to allow the control authority timely access to the facility premises and records;
F.
Failed to meet effluent limitations or permit conditions;
G.
Failed to pay applicable fines or sewer charges;
H.
Failed to meet compliance schedule deadline dates;
I.
Failed to complete a wastewater nondomestic screening form or wastewater discharge permit application;
J.
Failed to provide advance notice of the transfer of business ownership;
K.
Violated any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter;
L.
Ceased operations; or
M.
Transferred business ownership.
Prior wastewater discharge permits issued to a nondomestic user are void upon the effective date of the new wastewater discharge permit issued to that nondomestic user.
(Ord. 1719 § 1 (Exh. A), 2024; Ord. 1725 § 8, 2024)
A nondomestic user with a wastewater discharge permit due to expire shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with BLMC § 13.14.540, a minimum of 120 days prior to the expiration of the nondomestic user's existing wastewater discharge permit. A nondomestic user, whose existing permit or control document has expired, and has submitted its reapplication in the time period specified herein, shall be deemed to have an effective permit or control document until the director issues or denies the new permit or control document. The director may waive the time limit for submittal of a reissuance application, for good cause shown.
(Ord. 1719 § 1 (Exh. A), 2024)