[Ord. No. 1840, 12-15-2025]
A. 
The Control Authority has the authority to issue Wastewater Discharge Permits or other Control Mechanisms. SIUs shall have a Wastewater Discharge Permit with the requirements in Article IV, Section 710.470 of these Regulations.
B. 
The Control Authority may issue other Control Mechanisms to Users that are not SIUs if needed to comply with the requirements of these Regulations. Control Mechanisms may have specific requirements that define monitoring, site-specific limits, special conditions, prohibited discharges, or Best Management Practices.
C. 
No SIU shall Discharge Wastewater into the POTW without first obtaining a Permit or Other Control Mechanism from the Control Authority, except any SIU that has filed a timely renewal pursuant to Article IV, Section 710.440 of these Regulations.
D. 
Any violation of the terms and conditions of a Control Mechanism shall be deemed a violation of these Regulations and subjects the User to the enforcement remedies set out in these Regulations.
E. 
Obtaining a Control Mechanism does not relieve a User of its obligation to comply with all Federal, State, and Local Regulations.
[Ord. No. 1840, 12-15-2025]
Any User required to obtain a Control Mechanism who was discharging Non-Domestic Waste into the POTW prior to the effective date of the Regulation and who wishes to continue the discharges in the future, shall, within thirty (30) days after said date, apply to the Control Authority for a Control Mechanism in accordance with Article IV, Section 710.460 and shall not cause or allow discharges to the POTW to continue after ninety (90) days of said date except in accordance with a Control Mechanism issued by the Control Authority or a time extension approved by the Control Authority.
[Ord. No. 1840, 12-15-2025]
Any User required to obtain a Control Mechanism who proposes to begin or recommence discharging Non-Domestic Wastes into the POTW must obtain such Control Mechanism prior to beginning or recommencing Discharge. The User must apply for a Control Mechanism, in accordance with Article IV, Section 710.460, at least ninety (90) days prior to the date upon which any Discharge will begin or recommence.
[Ord. No. 1840, 12-15-2025]
A Permit for any Significant Industrial User as defined in Article I, Section 710.130 must be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. Control Mechanisms for other Users may be issued for any duration including no expiration date, at the discretion of the Control Authority.
[Ord. No. 1840, 12-15-2025]
A User with an expiring Control Mechanism shall apply for reissuance by submitting a complete application or renewal application on a form provided by the Control Authority, in accordance with Article IV, Section 710.460 of these Regulations, a minimum of ninety (90) days prior to the expiration of the User's existing Control Mechanism. The Control Authority may authorize a User to update a previous application or otherwise provide changes and other requested information since the last application submission in lieu of completing and submitting a new application, at the Control Authority's discretion.
[Ord. No. 1840, 12-15-2025]
A. 
The Control Authority will evaluate the data and reports provided by the User as part of the application, renewal, or changed condition request and may require additional information.
B. 
Information submitted will be used to make Control Mechanism decisions.
C. 
The requested Discharge or changed Discharge shall be deemed to be denied if the Control Mechanism is not issued or otherwise communicated by the date of the expiration of the current Control Mechanism or within ninety (90) days of submitting a Control Mechanism application.
D. 
The Control Authority may deny a Control Mechanism or limit discharges from Users.
[Ord. No. 1840, 12-15-2025]
A. 
All Significant Industrial Users required to obtain a Control Mechanism must submit an application with information related to the Industrial User's discharges. The Control Authority may require Users to submit all or some of the following information as part of an application:
1. 
Identifying Information.
a. 
The name and address of the facility, including the name of the operator and owner.
b. 
Contact information, description of activities, facilities, and plant production processes on the premises.
2. 
Environmental Permits. A list of any environmental control permits held by or for the facility.
a. 
A brief description of the nature, average rate of production (including each product produced by type, amount, process, and rate of production), and standard industrial classifications of the operation(s) carried out by such User. This description should include a schematic or process flow diagram, which indicates points of Discharge to the POTW from the regulated processes;
b. 
Types of wastes generated, and 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. 
Type and amount of raw materials processed (average and maximum per day);
e. 
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.
3. 
Time and duration of Discharges;
4. 
The location for monitoring all wastes covered by the Discharge;
5. 
Flow Measurement. Information showing the measured Average Daily and Maximum Daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow alternative Discharge limits set out in Article II, Section 710.260(A)(3) and 40 CFR 403.6(e).
6. 
Measurement Of Pollutants.
a. 
New Discharges may estimate the nature and concentration of Pollutants reported based on knowledge from facilities with similar operations and planned Pretreatment.
b. 
Samples should be taken immediately downstream from Pretreatment facilities if such facilities exist or immediately downstream from the process if no Pretreatment facilities are present.
c. 
Additional sampling may be required by the Control Authority to properly reflect characteristics of the Wastewater discharged to the POTW.
d. 
The information submitted shall reflect Categorical Pretreatment Standards (if applicable) for each regulated process and shall also reflect the nature and concentration of Pollutants for all non-domestic discharges from the facility.
(1) 
For Users Subject To Categorical Standards. If other Wastewaters are mixed with the regulated Wastewater prior to Pretreatment the User shall measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards.
(2) 
Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the Control Authority.
e. 
Where the applicable Pretreatment Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Control Authority or the applicable Standards to determine compliance with the Standard.
f. 
Sampling and analysis shall be performed in accordance with procedures set out in Article VI, Section 710.650 and Article VI, Section 710.660 of these Regulations.
g. 
The Control Authority may allow submittal of data which utilizes only historical data so long as the data includes adequate and representative data for the Pollutants and monitoring locations being requested.
h. 
The Control Authority may require a minimum of four (4) Grab Samples for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist.
i. 
The report shall include documentation of the time, date and place of sampling and methods of analysis.
7. 
Compliance Schedule.
a. 
If additional Pretreatment or operation and maintenance will be required to meet the Pretreatment Standards, the shortest schedule by which the User will provide such additional Pretreatment or operation and maintenance must be provided by the User.
b. 
For New Sources subject to Categorical Standards the completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard.
c. 
A Compliance Schedule pursuant to these Regulations must meet the requirements set out in Article III, Section 710.370(C).
8. 
Any other information deemed necessary by the Control Authority to evaluate the Discharge request.
[Ord. No. 1840, 12-15-2025]
A. 
Control Mechanisms shall include conditions to control discharges consistent with the purpose of these Regulations.
1. 
All Wastewater Discharge Permits (Permit) must contain and Control Mechanisms may contain:
a. 
A statement that indicates the Permit issuance date, expiration date and effective date.
b. 
A statement that the Permit is non-transferable without prior notification to the Control Authority in accordance with Article IV, Section 710.510 of these Regulations, and provisions for furnishing the new owner or operator with a copy of the existing Permit or Control Mechanism.
c. 
Permit limits necessary to ensure discharges are controlled. The following effluent limit types and corresponding definitions may be implemented:
(1) 
Instantaneous. The results of discrete samples taken at any time (composite or grab) are compared against the Instantaneous Limit.
(2) 
Daily Maximum. The arithmetic mean of all valid sample results collected for a calendar day shall be compared against the Daily Maximum Limit.
(3) 
Weekly Average. The arithmetic mean of all valid sample results collected for a week shall be compared against the Weekly Average Limit. Multiple samples collected on a calendar day shall be averaged prior to calculating the Weekly Average.
(4) 
Monthly Average. The arithmetic mean of all valid sample results collected for a calendar month shall be compared against the Monthly Average Limit. Multiple samples collected on a calendar day shall be averaged prior to calculating the Monthly Average.
Additional effluent limit types may be applied but must be defined in the individual Control Mechanism for which they are relevant.
Averages that are mass limits are to be the arithmetic mean of individual mass calculations per sample event (concentration and corresponding flow during the sample event) collected during the time period specified by the limit type.
d. 
Best Management Practices if required by the applicable Categorical Pretreatment Standard(s).
e. 
Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of Pollutants (or Best Management Practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and Local Regulations.
f. 
A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable Compliance Schedule. Such a schedule may not extend the time for compliance beyond that required by applicable Federal, State, or Local Regulations.
g. 
Requirements to control Slug Discharges per Article III, Section 710.350(A).
h. 
Notification that Users may apply for a waiver from monitoring for a Pollutant neither present nor expected to be present in the Discharge in accordance with Article IV, Section 710.480.
i. 
Any grant of the monitoring waiver by the Control Authority in accordance with Article IV, Section 710.480 must be included as a condition in the User's Permit or other Control Mechanism.
j. 
Any use of Zero Discharge Certifications in accordance with Article V, Section 710.630(D) by the User must be included as a condition in the User's Permit or other Control Mechanism.
2. 
In addition to the above requirements, any Permit or other Control Mechanism may also contain the following requirements:
a. 
Limits on the average and maximum rate of Discharge, time of Discharge, and requirements for flow regulation and equalization.
b. 
Limits on the instantaneous, daily and monthly average and maximum concentration, mass, or other measure of POCs.
c. 
Requirements for the installation, operation, calibration, and maintenance of suitable flow and compliance monitoring.
d. 
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 POTW.
e. 
Requirements for the development and implementation of a Slug Discharge Control Plan or other special conditions including BMPs or management plans necessary to adequately prevent accidental, unanticipated, or routine discharges and otherwise minimize Pollutants introduced into the POTW. Documentation of the BMP implementation may be required to be submitted.
f. 
Requirements to comply with the unit charge or Schedule of User Charges and Fees associated with these Regulations.
g. 
A statement that compliance with the Control Mechanism does not relieve the User of responsibility for compliance with all applicable Federal, State, and Local Regulations, including those which become effective after issuance of the Control Mechanism.
3. 
Other conditions as deemed appropriate by the Control Authority to ensure compliance with these Regulations, and other Federal, State, and Local Regulations.
[Ord. No. 1840, 12-15-2025]
A. 
The Control Authority may authorize the Industrial User subject to a Categorical Pretreatment Standard to forego sampling of a Pollutant regulated by a Categorical Pretreatment Standard if the Industrial User has demonstrated through sampling and other technical factors that the Pollutant is neither present nor expected to be present in the Discharge, or is present only at background levels from intake water and without any increase in the Pollutant due to activities of the Industrial User. This authorization is subject to the following conditions:
1. 
The waiver may be authorized where a Pollutant is determined to be present solely due to domestic Wastewater discharged from the facility provided that the domestic Wastewater is not regulated by an applicable Categorical Standard and otherwise includes no Process Wastewater.
2. 
The monitoring waiver is valid only for the duration of the effective period of the Control Mechanism, but in no case longer than five (5) years. The User must submit a new request for the waiver before the waiver can be granted for each subsequent Control Mechanism.
3. 
In making a demonstration that a Pollutant is not present, the Industrial User must provide data from at least one (1) sampling of the facility's Process Wastewater prior to any treatment present at the facility that is representative of all Wastewater from all processes.
4. 
The request for a monitoring waiver must be signed as required in Article V, Section 710.630(F).
5. 
Non-detectable sample results may only be used as a demonstration that a Pollutant is not present if the EPA approved method from 40 CFR part 136 with the lowest minimum detection level for that Pollutant was used in the analysis.
6. 
Any grant of the monitoring waiver by the Control Authority must be included as a condition in the User's Control Mechanism. The reasons supporting the waiver and any information submitted by the User in its request for the waiver must be maintained by the Control Authority for three (3) years after expiration of the waiver.
7. 
Upon approval of the monitoring waiver and revision of the User's Control Mechanism by the Control Authority, the Industrial User must certify on each report with the statement required in, that there has been no increase in the Pollutant in its wastestream due to activities of the Industrial User.
8. 
In the event that a waived Pollutant is found to be present or is expected to be present based on changes that occur in the User's operations, the User must immediately (i.e., without delay) comply with the monitoring requirements of Article V, Section 710.570(A) or other more frequent monitoring requirements imposed by the Control Authority and notify the Control Authority in accordance with Article V, Section 710.580.
9. 
This provision does not supersede certification processes and requirements established in Categorical Pretreatment Standards, except as otherwise specified in the Categorical Pretreatment Standard.
[Ord. No. 1840, 12-15-2025]
A. 
Any person, including the User, may petition the Control Authority to reconsider the terms of a Control Mechanism within thirty (30) days 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 Control Mechanism provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in Control Mechanism.
3. 
All conditions of the Control Mechanism shall be in effect pending the appeal.
4. 
If the Control Authority fails to act within sixty (60) days, a request for reconsideration shall be deemed to be denied. Decisions to deny the appeal shall be considered final administrative action for purposes of judicial review.
[Ord. No.1840, 12-15-2025]
A. 
The Control Authority may modify a Control Mechanism for good cause, including, but not limited to, the following reasons:
1. 
To incorporate any changes to Federal, State, or Local Regulations;
2. 
To address significant alterations or additions to the User's operation, processes, or Wastewater volume or character since the time of Control Mechanism issuance;
3. 
To incorporate changed or more representative Wastewater characteristics such as identification of additional Pollutants of Concern or different concentrations than otherwise provided to the Control Authority;
4. 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized Discharge;
5. 
Information indicating that the Non-Domestic Discharge poses a threat to the Control Authority's POTW, Control Authority personnel, or the receiving waters;
6. 
Violation of any terms or conditions of the Control Mechanism;
7. 
Misrepresentations or failure to fully disclose all relevant facts in the application or other information provided to the Control Authority, including any required reporting;
8. 
Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to 40 CFR 403.13;
9. 
To correct typographical or other errors in the Control Mechanism; or
10. 
To reflect a transfer of the facility ownership or operation to a new owner or operator in accordance with Article IV, Section 710.510.
The filing of a request by the permittee for a Control Mechanism modification does not stay any condition required by the Control Mechanism.
[Ord. No.1840, 12-15-2025]
A. 
Control Mechanisms may be reassigned or transferred to a new owner or operator only if the existing User provides a Notice of Transfer to the Control Authority at least thirty (30) days in advance of the transfer and the Control Authority approves the transfer. The Notice to the Control Authority must include a written certification statement with the below minimum components signed by an Authorized Representative of the new owner or operator per Article I, Section 710.130 which certifies the following:
1. 
States that the new owner 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.
3. 
Acknowledges full responsibility for complying with the existing Control Mechanism.
Failure to provide advance Notice of Transfer renders the Control Mechanism voided on the date of the facility transfer. Other Control Mechanisms may not be transferred; the new Owner shall provide survey or permit application information as requested by the Control Authority.
[Ord. No.1840, 12-15-2025]
A. 
The Control Authority may revoke a Control Mechanism for good cause, including, but not limited to the following reasons:
1. 
Violation of the Control Mechanism;
2. 
Failure to notify the Control Authority of significant changes to the Wastewater prior to the changed Discharge pursuant to Article V, Section 710.580;
3. 
Falsifying self-monitoring reports and certification statements;
4. 
Tampering with monitoring equipment;
5. 
Refusing to allow the Control Authority timely access to the facility premises and records for the purposes of inspection or monitoring;
6. 
Failure to meet effluent limitations;
7. 
Failure to pay fines;
8. 
Failure to pay sewer charges;
9. 
Failure to meet Compliance Schedules or other requirements of enforcement remedies;
10. 
Failure to complete a Wastewater survey or permit application or failure to accurately report the Wastewater constituents and characteristics of the Discharge;
11. 
Violation of any Pretreatment Standard or Requirement, or any terms of the Control Mechanism or these Regulations;
12. 
Ceasing operations or failure to notify of a Transfer of Ownership without prior Control Authority approval per Article IV, Section 710.510.