Article V Industrial Wastewater Discharge Permit Issuance

Industrial wastewater discharge permits shall include conditions deemed necessary by the control authority to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, protect against damage to the POTW, and satisfy the requirements of this chapter.

Industrial wastewater discharge permits issued to significant industrial users and categorical industrial users shall contain all the conditions and information set forth in subsections (b)(1) through (b)(10) of this section; provided, that control mechanisms issued to other industrial users may contain some or all of the same conditions, as determined by the control authority to ensure compliance with this chapter:

The industrial wastewater discharge permit issuance date, expiration date, and effective date;

The legal name, and trade name if any, and address for corporate offices of the owner(s) and operator(s);

The name and contact information of the duly authorized representative of the industrial user, the mailing address at which such representative may receive notice(s) from the control authority, and the name and contact information for the facility manager, if different than the duly authorized representative of the industrial user;

A statement that the industrial wastewater discharge permit is nontransferable without prior notification to and approval by the control authority in accordance with FMC § 20.30.430, and provisions for furnishing the new owner or operator with a copy of the existing industrial wastewater discharge permit;

A statement that the permittee facility is subject at reasonable times to inspections and gathering of samples by the control authority to determine whether an industrial user is complying with the requirements of this chapter and any industrial wastewater discharge permit or other control mechanism issued thereunder;

Effluent limits and best management practices based on applicable pretreatment standards and pretreatment requirements;

Self-monitoring, sampling, reporting, notification, and recordkeeping. These requirements shall, at a minimum include the pollutants to be monitored, sampling locations and sampling frequency, the sample type required to be monitored under this chapter, types of reports and when they are due, and the various notifications and when they are required;

(8)

A statement of applicable enforcement remedies for violating the conditions in the industrial wastewater discharge permit, including 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, and local law;

(9)

Requirements to control slug discharges, including developing, updating, and implementing slug discharge control plans if determined by the control authority to be necessary; and

(10)

Reapplication requirements.

(c)

Industrial wastewater discharge permits may, as determined by the control authority, contain the following additional conditions:

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

Requirements to install and maintain pretreatment facilities and technology, pollution control, including requirements to use best management practices to prevent accidental, unanticipated, or nonroutine discharges, and construction of appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW;

Requirements to develop and implement waste minimization plans to reduce the amount of pollutants discharged to the POTW;

Requirements to pay fees for administering the industrial wastewater discharge permit or industrial wastewater zero-discharge permit. The annual fee established pursuant to TMC 12.08B.330, as now or may hereafter be amended, for administering industrial wastewater discharge permits and industrial wastewater zero-discharge permits is hereby adopted as the monthly fixed fee for industrial wastewater discharge permits and industrial wastewater zero-discharge permits;

Requirements to install and maintain inspection and sampling facilities and equipment, including flow measurement devices, and provide access to the control authority to conduct inspections and sampling at reasonable times;

A statement that compliance with the industrial wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, and local limits, including those which become effective during the term of the industrial wastewater discharge permit; and

§ 20.30.420 Industrial wastewater discharge permit modification.

Other conditions determined by the control authority to ensure compliance with this chapter, including regulations issued by the control authority pursuant to this chapter, and applicable requirements set forth in federal and state laws and regulations.

(Ord. 1685 § 3 (Exh. A), 2022)

The control authority may amend any industrial wastewater discharge permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character after the industrial user's industrial wastewater discharge permit is issued;

To address a change in the municipal wastewater system or POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

To respond to information indicating that a permitted discharge poses a threat to the health and safety of the municipal wastewater system, or POTW, personnel and the public, and/or receiving waters;

In response to a violation(s) of any term or condition of an industrial wastewater discharge permit;

When an industrial user misrepresents or fails to fully disclose all relevant facts in the industrial wastewater discharge permit application, or in any report required under this chapter;

When there is a revision of, or a variance is granted from, categorical pretreatment standards pursuant to 40 CFR Section 403.13;

(8)

When there has been a change in the legal or trade name of the industrial user, the duly authorized representative of the industrial user, or the name of the facility manager, and the permittee has submitted a request for a modification of the permit;

(9)

To correct typographical or other errors in the industrial wastewater discharge permit; and

(10)

To reflect an approved transfer of the facility ownership or operation to a new owner or operator.

§ 20.30.430 Industrial wastewater discharge permit transfer.

The industrial user shall file a written request for a modification of an industrial wastewater discharge permit whenever there has been a change in the legal name or trade name of the industrial user or a change in the name or mailing address of the duly authorized representative or the industrial user or facility manager. The request shall be submitted to the control authority as soon as practicable but no later than 60 days following implementation of the change. A permit will be nontransferable and subject to revocation if such request is not timely filed.

(Ord. 1685 § 3 (Exh. A), 2022)

Industrial wastewater discharge permits may be transferred to a new owner or operator subject to approval by the control authority. A permittee and new owner or operator seeking such transfer shall submit a joint or concurrent written request(s) to the control authority at least 30 days in advance of the scheduled transfer date requesting the control authority to approve the transfer and modify the industrial wastewater discharge permit as needed to reflect the new owner or operator. Failure to provide a request for transfer in accordance with this section shall operate to revoke any and all rights granted under the industrial wastewater discharge permit to discharge to the municipal wastewater system effective as of the date of the facility transfer to the new owner or operator. The joint or concurrent request(s) to the control authority under this section shall (each) include a written certification by a duly authorized representative of permittee and the new owner or operator which:

States that there is no immediate intent to change the facility's operations and processes;

Identifies the specific date on which the facility transfer will occur;

Identifies the legal name and trade name, if any, of the new owner and operator, and the address of its corporate offices;

Identifies the name and contact information of the duly authorized representative of the new industrial user, the mailing address at which such representative may receive notice(s) from the control authority, and the name and contact information for the facility manager, if different than the duly authorized representative of the industrial user; and

§ 20.30.440 Industrial wastewater discharge permit revocation.

Acknowledges and agrees that:

(A)

The new owner or operator has a legal, valid and binding obligation to comply with all requirements of the transferred industrial wastewater discharge permit;

(B)

Such transfer is within the power and authority of the permittee and the new owner or operator without consent of any other party and has been authorized by all requisite corporate or partnership action on the part of the permittee and new owner or operator;

(C)

Neither the transfer nor the control authority's approval of the transfer shall relieve the permittee of any obligation or liability arising under the industrial wastewater discharge permit occurring prior to the transfer;

(D)

The control authority waives none of its rights with respect to the permittee's or the new owner's or operator's compliance with the terms and conditions of the permit;

(E)

The control authority grants its approval of the transfer in reliance upon the representations, documents, and information provided by the permittee and new owner or operator in connection with the request for transfer; and that the approval of the transfer shall not in any way be deemed a representation by the control authority that the permittee or new owner or operator are in full compliance with the terms and conditions of the industrial wastewater discharge permit; and

(F)

The facility is subject at reasonable times to inspections and gathering of samples by the control authority to determine whether an industrial user is complying with the requirements of this chapter and any industrial wastewater discharge permit or other control mechanism issued thereunder.

(Ord. 1685 § 3 (Exh. A), 2022)

The control authority may revoke an industrial wastewater discharge permit or other control mechanism for cause, which includes, but is not limited to:

Failure to notify the control authority of a new wastestream or any changes to wastewater loading and wastewater characteristics prior to discharging such wastestream;

Failure to notify the control authority of significant production changes, as required by FMC § 20.30.640;

Misrepresenting or failing to disclose all relevant facts in an industrial wastewater discharge permit application, report, or other submittal required under this chapter;

Falsifying self-monitoring reports or certification statements;

Tampering with monitoring equipment;

Unreasonably refusing, or interfering with, entry by control authority authorized representatives seeking to conduct inspections and/or gather samples at the facility, as required by the industrial user's industrial wastewater discharge permit or other control mechanism, or FMC § 20.30.900;

Failure to meet effluent limitations or the conditions in the industrial wastewater discharge permit or other control mechanism;

(8)

Failure to pay monetary penalties imposed by the control authority, or supplemental fees it assesses;

(9)

Failure to meet compliance schedules imposed by the control authority in an industrial wastewater discharge permit or other control mechanism;

(10)

Cessation of operations;

(11)

Failure to obtain the control authority's approval under FMC § 20.30.430 prior to transferring the facility to a new owner or operator;

(12)

Failure to request a modification of an industrial wastewater discharge permit in accordance with FMC § 20.30.420(b);

(13)

Any violation of this chapter, including a violation of any applicable pretreatment standard or requirement, or any term of an industrial wastewater discharge permit or control mechanism issued pursuant to this chapter;

(14)

An error by the control authority in issuing an industrial wastewater discharge permit; and

(15)

Discharging wastewater to the municipal wastewater system that does or is likely to:

(A)

Cause pass through or interference;

(B)

Cause the control authority to violate the terms of its NPDES permit(s); or

(C)

Pose a health and safety threat to city or control authority personnel or the public.

§ 20.30.450 Industrial wastewater discharge permit reissuance.

An existing unexpired industrial wastewater discharge permit is deemed revoked on the effective date of a new industrial wastewater discharge permit issued for the same industrial user.

(Ord. 1685 § 3 (Exh. A), 2022)

An industrial user with an industrial wastewater discharge permit due to expire shall apply for an industrial wastewater discharge permit reissuance by submitting a complete permit application, in accordance with FMC § 20.30.410, at least 180 days prior to expiration of the industrial user's existing industrial wastewater discharge permit, unless the control authority approves a different submittal deadline.

(Ord. 1685 § 3 (Exh. A), 2022)

§ 20.30.460 Industrial wastewater discharge permitting – Extra jurisdictional industrial users.

The city may allow an industrial user located outside the city's jurisdictional boundary to discharge industrial wastewater into the municipal wastewater system and POTW if the city of Tacoma determines that the POTW has available capacity and treatment capability and that there is legal authority to regulate and control such discharges pursuant to a pretreatment interlocal agreement between the contributing jurisdiction where the industrial user is located and the city of Tacoma as owner and operator of the POTW. Such agreement shall affix responsibilities in an enforceable manner to assure that the city of Tacoma's pretreatment program is fully and equitably administered in all contributing jurisdictions and to ensure that the city of Tacoma has adequate legal authority to enforce pretreatment requirements.

(Ord. 1685 § 3 (Exh. A), 2022)

§ 20.30.470 Public notice.

Industrial users applying for an industrial wastewater discharge permit, or an industrial wastewater discharge permit reissuance or modification which allows a new or increased pollutant loading, shall publish notice for each application in a form provided and prescribed by the control authority, which shall conform to the requirements of WAC 173-216-090. Public notice requirements shall not apply to reissuance of industrial wastewater discharge permits if there are no increases in volume or changes in the characteristics of discharge from those previously authorized. Publication, at applicant's expense, shall be at least once each week, for two consecutive weeks, in a newspaper of general circulation in Pierce County.