A. 
No significant industrial user shall discharge wastewater into the municipal sewerage system without first obtaining a wastewater discharge permit from the utility. The utility will establish the status as a significant industrial user, if the user:
1. 
Is subject to categorical pretreatment standards; or
2. 
Meets one or more of the following criteria:
a. 
Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the municipal sewerage system (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
b. 
Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic capacity of the treatment plant or contains more than 1,000 pounds/day (daily maximum) or 500 pounds/day (monthly average) of non-domestic BOD or suspended solids; or
c. 
Is designated as such by the Municipality on the basis that it has a reasonable potential for adversely affecting the municipal sewerage system's operation or for violating any pretreatment standard or requirement.
3. 
Upon a finding that a user meeting the criteria in subsection A.2 has no reasonable potential for adversely affecting the municipal sewerage system's operation or for violating any pretreatment standard or requirement, the municipality may at any time on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
B. 
The utility may require other users obtain wastewater discharge permits as necessary to carry out the purposes of this chapter. All users shall provide appropriate information to the utility as the utility may require.
C. 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the permittee to the sanctions set out under Part 4 of this chapter.
D. 
Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
E. 
Any user required to obtain a wastewater discharge permit must obtain such permit prior to commencing discharge. An application for this wastewater discharge permit must be filed at least 90 days prior to the date upon which any discharge will commence.
(AO No. 86-118, 9-4-1986; AO No. 2000-129(S), § 14, 11-21-2000; AO No. 2012-77, § 14, 8-7-2012)
A. 
All users required to obtain a wastewater discharge permit must submit a permit application on a form prescribed by the utility. The utility may require all users to submit as part of an application the following information:
1. 
All information required under section 26.50.270 of this chapter.
2. 
Other information on the user's facility, processes, raw material, flows, pollutant discharge, storage areas, production, and other environmental permits held.
B. 
All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and 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."
(AO No. 2000-129(S), § 16, 11-21-2000)
The utility will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the utility will determine whether or not to issue a wastewater discharge permit. Upon a determination to issue, the permit shall be issued within thirty (30) days of full evaluation and acceptance of the data furnished.
(AO No. 2000-129(S), § 16, 11-21-2000; AO No. 2012-77, § 15, 8-7-2012)
A. 
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the utility 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 municipal sewerage system. Wastewater discharge permits shall contain the following conditions:
1. 
A statement indicating the permit duration, which shall be no longer than five (5) years;
2. 
A statement that the wastewater discharge permit is non-transferable without prior notification to and written approval from the utility and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
3. 
Applicable pretreatment standards and requirements, including any special state or federal requirements;
4. 
Self-monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and record-keeping requirements. 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. 
Requirement for immediate notification to the utility where self-monitoring results indicate non-compliance;
6. 
Requirement to report a bypass or upset of a pretreatment facility;
7. 
Requirement for the significant industrial user who reports non-compliance to repeat the sampling and analysis and submit results to the utility within 30 days after becoming aware of the violation;
8. 
A statement of applicable civil, criminal, and administrative penalties for violation of the permit and any applicable compliance schedule.
B. 
A permit 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 routine discharges;
4. 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal sewerage system;
5. 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the municipal sewerage system;
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. 
Any special agreements the general manager chooses to continue or develop between the utility and user;
9. 
Other conditions as deemed appropriate by the general manager to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
(AO No. 2000-129(S), § 16, 11-21-2000; AO No. 2012-77, § 16, 8-7-2012)
A. 
The terms and conditions of a wastewater discharge permit may be subject to modification by the utility at any time as limitations or requirements as identified in sections 26.50.040 through 26.50.170 are modified or other just cause exists. Other causes for modifying a permit include, but are not limited to, violation of the permit, significant changes in the user's operation, processes, or wastewater volume or character; changes in the municipal sewerage system that require a reduction in the authorized discharge; information indicating that the permittee or discharge poses a threat to the municipal sewerage system. Utility personnel, or the receiving waters; to revise incomplete or incorrect information; to correct typographical or other errors in the permit; and to reflect a transfer of the facility ownership or operation to a new owner or operator.
B. 
A permit may also be modified to incorporate special conditions resulting from the issuance of a compliance order in accordance with section 26.50.360.
C. 
Any modifications which result in new conditions in the permit shall include a reasonable time schedule for compliance, if necessary.
(AO No. 86-118, 9-4-1986; AO No. 86-218; AO No. 2000-129(S), § 17, 11-21-2000)
A. 
All permits will be issued for a term not to exceed five (5) years, subject to amendment or revocation as provided in this chapter.
B. 
At least 180 days before expiration of a permit, the user shall submit a new permit application in a form designated by the utility in accordance with subsection C below.
C. 
The application for the permit shall consist of a written request for issuance of the permit, including a statement that all terms and conditions of the existing permit and this chapter are being complied with. This statement shall be signed and sworn to by a principal executive officer of the user, or a designee, and contain the certification statement specified in section 26.50.210B.
D. 
The general manager or a designee may authorize a categorical user to forgo sampling of a pollutant regulated by a categorical pretreatment standard if the categorical 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 user. This waiver authorization is subject to the following conditions:
1. 
When a pollutant is solely present due to sanitary wastewater discharges from the facility, provided the sanitary wastewater is not regulated by an applicable categorical standard and otherwise includes no process wastewater.
2. 
The monitoring waiver is valid for the duration of the effective period for the permit, but no longer than five (5) years. The user must submit a new request for the waiver with each permit renewal before it can be granted.
3. 
To demonstrate a pollutant is not present, the categorical user must provide data from at least one sampling of the facility's process wastewater prior to treatment at the facility that is representative of all wastewater from all processes.
4. 
The waiver request must be signed by an authorized representative of the user and include the certification statement in section 26.50.210B.
5. 
Non-detectable sample results may only be used to demonstrate the absence of a pollutant if the EPA approved method from 40 CFR 136 with the lowest minimum detection level for that pollutant was used in the analysis.
6. 
Any waiver that is issued must be included as a condition in the user's permit. The reasons supporting the waiver and any information submitted by the user in its request for the waiver must be maintained by the utility for three (3) years after the expiration of the waiver.
7. 
Upon approval of a waiver, the user must certify on reports that there has been no increase in the pollutant in its wastestream due to activities of the user and include the following certification statement:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR _____[specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____[list pollutant(s)] in the wastewaters due to the activities at the facility since filing of the last periodic report under Anchorage Municipal Code section 26.50.280."
8. 
In the event a waived pollutant is found to be present or expected to be present, the user must immediately comply with monitoring requirements of section 26.50.280, or other more frequent monitoring requirements imposed by the utility, and notify the utility.
9. 
This provision does not supersede certification processes and requirements established in categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment Standard.
(AO No. 86-118, 9-4-1986; AO No. 2000-129(S), § 17, 11-21-2000; AO No. 2012-77, § 17, 8-7-2012)
A. 
Wastewater discharge permits are issued to a specific user for a specific operation and are not assignable to another user or transferable to any other location without the prior written approval of the utility. Sale of a source shall obligate the purchaser to seek prior written approval of the utility for continued discharge to the municipal sewerage system.
B. 
Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 60 days notice to the general manager and the general manager approves the wastewater discharge permit transfer. The notice to the general manager must include a written certification by the new owner and/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 a point of contact for the permittee as of the date of transfer.
3. 
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
C. 
Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as of the date of facility transfer.
D. 
Provided that the above occurs and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and be covered by the existing limits and requirements in the previous owner's permit.
(AO No. 86-118, 9-4-1986; AO No. 2000-129(S), § 17, 11-21-2000)
A. 
Within 180 days after either the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the municipal sewerage system shall submit to the utility a report which contains the information listed in subsection B. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the utility a report which contains the information listed in subsection B. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
B. 
Users described above shall submit the information set forth below.
1. 
Identifying information. The name and address of the facility, including the name of the operator and owner.
2. 
Environmental permits. A list of any environmental control permits held by or for the facility.
3. 
Description of operations. A thorough description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user, including a list of all raw materials and chemicals stored at the facility which are, or could accidentally or intentionally be, discharged to the municipal sewerage system; number and type of employees; hours of operation; each product produced by type, amount, process or processes and rate of production; type and amount of raw materials processed (average and maximum per day) and the time and duration of discharges. This description should also include a schematic process diagram, which indicates points of discharge to the municipal sewerage system from the regulated processes.
4. 
Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the municipal sewerage system from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
5. 
Measurement of pollutants.
a. 
The user shall identify the applicable categorical pretreatment standards for each regulated or manufacturing process;
b. 
In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in sections 26.50.290 and 26.50.300. In cases where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit an Industrial Management Practice Plan (IMP) as described in section 26.50.170.
c. 
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 as part of the application.
6. 
Certification. A statement, reviewed by an authorized representative of the user and certified by a qualified professional as outlined in section 26.50.210, indicating whether the applicable pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet the applicable pretreatment standards and requirements;
7. 
Compliance schedule. If additional pretreatment and/or operation and maintenance will be required to meet the applicable pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or operation and maintenance. The user's schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.) No increment of progress shall exceed nine months. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
8. 
Signature and certification. All baseline monitoring reports must be signed and certified in accordance with section 26.50.210.
(AO No. 2000-129(S), § 18, 11-21-2000; AO No. 2012-77, § 18, 8-7-2012)
A. 
Any significant industrial user whose permit requires compliance with a federal categorical pretreatment standard shall submit periodic compliance status reports to the utility during the months of June and December, unless required on other dates or more frequently by the utility. The frequency of monitoring shall be as prescribed within the waste discharge permit. At a minimum, users shall sample their discharge at least twice per year.
B. 
Any significant industrial user whose permit requires compliance with standards contained in sections 26.50.050 and 26.50.060 shall submit periodic compliance status reports in accordance with the terms and conditions of its wastewater discharge permit, but in no case less than twice per year. At a minimum, this report shall consist of an indication of the nature and concentration of all regulated pollutants that are required to be monitored, and the measured or estimated average and maximum daily flows for the reporting period. The report shall be based on at least one sampling event during the period covered by the report. If any pollutant is monitored more frequently than required by the user's wastewater discharge permit, the results of this monitoring shall be included in the report. Sampling shall be representative of the user's daily operations and shall be taken in accordance with the requirements specified in section 26.50.290.
C. 
Any user subject to a compliance schedule under section 26.50.270B.7 shall submit a progress report to the utility not later than 14 days following each date in the schedule and the final date for compliance. The report shall include, at a minimum, whether or not the user complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports.
D. 
Any user subject to equivalent mass or concentration limits or by unit production limits shall report production data during the sampling period.
E. 
If the utility calculated limits to factor out dilution flows or non-regulated flows, the user will be responsible for providing flow from the regulated process flows, dilution flows and non-regulated flows.
F. 
All periodic compliance status reports required under this section shall be signed and sworn to by a principal executive officer of the significant user, or a designee, and contain the certification statement specified in section 26.50.210B.
(AO No. 86-118, 9-4-1986; AO No. 2000-129(S), § 19, 11-21-2000; AO No. 2012-77, § 19, 8-7-2012)
A. 
Grab samples shall be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the utility. The samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the Industrial User file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during the 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory. Composite samples for other parameters unaffected by compositing procedures as documented in approved EPA methodologies may be authorized by the utility, as appropriate.
B. 
For sampling required in support of baseline monitoring and 90-day compliance reports, a minimum of four (4) grab samples must be used for analyses of oil and grease, pH, cyanide, phenols, sulfides, or volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the utility may authorize a lower minimum. For the reports required by 40 CFR 403.12(e) and (h), the utility shall require the number of grab samples necessary to assess and assure compliance by Industrial Users with applicable pretreatment standards and requirements.
C. 
Samples should be taken immediately downstream from pretreatment facilities if such exist, immediately downstream from the regulated or manufacturing process if no pretreatment exists, or at a location determined by the utility and specified in the user's wastewater discharge permit. For categorical users, 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 of 40 CFR 403.6(e) in order to evaluate compliance with the applicable Categorical Pretreatment Standards. For other Significant Industrial Users, for which the utility has adjusted its local limits to factor out dilution flows, the user shall measure the flows and concentrations necessary to evaluate compliance with the adjusted pretreatment standard(s).
D. 
All sample results shall indicate the time, date, and place of sampling, and methods of analysis, and shall certify the wastestream sampled is representative of normal work cycles and expected pollutant discharges from the user. If a user sampled and analyzed more frequently than what was required in its wastewater discharge permit, using methodologies in 40 CFR Part 136, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report.
E. 
If sampling performed by a user indicates a violation, the user shall notify the utility within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling within five (5) days and submit the results of the initial and repeat analysis to the utility within thirty (30) days after becoming aware of the violation.
F. 
Where applicable, the utility will follow the same procedures as outlined above for users.
(AO No. 86-118, 9-4-1986; AO No. 2000-129(S), § 19, 11-21-2000; AO No. 2012-77, § 20, 8-7-2012)
Sampling and analysis for the purposes of satisfying the requirements of this chapter shall be performed by the user and the utility in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the utility determines that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures approved by the EPA and the utility.
(AO No. 86-118, 9-4-1986; AO No. 2000-129(S), § 19, 11-21-2000)
A. 
Information and data furnished to the utility with respect to the nature and frequency of discharge will be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the utility that the release of such information will divulge information, processes or methods of production entitled to protection as trade secrets or proprietary information of the user under applicable state and municipal law.
B. 
When requested by a user furnishing a report and after a determination of confidentiality, the portions of a report that may disclose trade secrets or secret processes will not be made available for inspection by the public but will be made available to governmental agencies immediately upon request for uses related to this chapter or the utility's NPDES permits, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(AO No. 86-118, 9-4-1986; AO No. 2000-129(S), § 19, 11-21-2000)
A. 
Except as provided in subsection B, all users subject to this chapter shall retain, preserve, and make available for inspection and copying, for no less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, related to monitoring, sampling and chemical analyses made by or on behalf of a user in connection with its regulated discharge. This period of retention shall be extended when requested by the EPA Regional Administrator. Records shall include the date, exact place, method, and time of sampling and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses.
B. 
All records that pertain to matters that are the subject of administrative orders or any other enforcement or litigation activities regarding the user or the utility shall be retained and preserved by the user and the utility until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired, or where the user has been notified of a longer retention period by the utility.
(AO No. 2000-129(S), § 20, 11-21-2000; AO No. 2012-77, § 21, 8-7-2012)