100.25 PERMIT MODIFICATIONS.

The WRA Director may modify the permit for good cause including, but not limited to, the following:

1.   To incorporate any new or revised Federal, State, or local pretreatment standard or requirement (after becoming aware of more stringent standards or requirements, the WRA will update permits within 90 days).

2.   Material or substantial alterations or additions to the dischargers’ operation processes, or discharge volume or character which were not considered in drafting the effective permit.

3.   A change in any condition in either the industrial user or 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, to the City, the WRA, POTW personnel or the receiving water.

5.   Violation of any terms or conditions of the permit.

6.   Misrepresentation of or grant of variance from such categorical standards pursuant to 40 CFR 403.13.

7.   To correct typographical or other errors in the permit.

8.   To reflect transfer of the facility ownership or operation to a new owner/operator.

9.   Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.

The filing of a request by the permittee for permit modification, revocation and reissuance, termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

100.26 PERMIT TRANSFER.

Users shall not reassign or transfer a wastewater discharge permit to a new owner. New owners must apply for a new wastewater discharge permit sixty (60) days prior to a change in ownership.

100.27 DENIAL OF PERMIT.

The WRA Director may deny a permit to any user whose discharge of material to POTW, whether shown upon application, including test results submitted by applicant, or determined after inspection and testing conducted by the WRA or its operating contractor, is not in conformity with this chapter or whose application is incomplete or does not comply with the requirements of Section 100.20.

100.28 PERMIT VIOLATIONS.

Any violations of the terms, conditions, or limits of a user’s wastewater discharge permit shall be deemed a violation of this chapter and subject the user to all enforcement procedures outlined in this chapter.

100.29 PERIODIC COMPLIANCE REPORTS.

Periodic compliance reports are required as follows:

1.   Significant users shall submit to the WRA Director, during the months of January and July, a report indicating the nature, concentration, and flow of pollutants in the effluent which are limited by permit or pretreatment standards for the preceding six month period. This report shall include a record of the monthly average flows and the daily flow for each analysis date during the reporting period. At the discretion of the WRA Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the or WRA Director may agree to alter the months during which the above reports are to be submitted. More frequent reports may be required by the WRA Director.

2.   The WRA Director may impose mass limitations on users. In such cases, the report required by the above paragraph shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. All analyses shall be performed using EPA approved methods using sampling techniques approved by IDNR.

3.   Users shall meet the certification and signatory requirements in Section 100.30 for each report submitted under this section. Where the WRA itself collects all the information required for the report, including flow data, the industrial user will not be required to submit a periodic compliance report.

4.   Users must notify the WRA of all violations identified as a result of self-monitoring by telephone, during normal business hours, within 24 hours of the time the User becomes aware of such violation. The user must also submit the results of repeat analyses to the WRA within thirty (30) days after becoming aware of the violation together with a complete report on all steps taken to resolve the violation. The user need not repeat the analyses if:

   A.   The WRA performs sampling of the industrial user at a frequency of at least once per month, or

   B.   The WRA performs sampling of the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.

5.   Users who monitor any pollutant more frequently than required or who self-monitor in addition to WRA monitoring, using EPA methods or standard methods, shall report the monitoring results to the POTW in accordance with this section.

100.30 CERTIFICATION AND SIGNATORY REQUIREMENTS.

1.   All applications or reports submitted by a user shall 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.”

2.   All applications and reports shall be signed by an authorized representative of the user as defined in Section 100.01. Users shall maintain a current and accurate authorization on file with the WRA Director.

100.31 MONITORING FACILITIES.

1.   Permitted users, when required by the WRA Director, shall provide and operate monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer, or internal drainage systems at their own expense. The WRA Director may require the placement of such monitoring facilities at the end of each process where pollutants are used, produced, or treated. The monitoring facility should normally be situated on the user's premises and located so that it will not be obstructed by landscaping or parked vehicles.

2.   When required by permit and within 90 days of written notification, users shall install a sampling chamber for each separate discharge of the building sewer in accordance with plans and specifications approved by the WRA Director. Users shall provide ample room in or near such sampling chamber to allow accurate sampling and preparation of samples for analysis. Users shall maintain all sampling and measuring equipment in a safe and proper operating condition at all times and at the expense of the user, which equipment shall be safely, easily and independently accessible to authorized representatives of the WRA. Users shall certify all flow measuring devices to be in proper working condition at a frequency specified in the permit or in writing by the Administrator or WRA Director using a qualified technician acceptable to the Administrator or WRA Director.

   A.   Each sampling chamber shall contain a flume unless another device is approved by the WRA, with a recording and totalizing device for measurement of the liquid quantity.

   B.   At the discretion of the WRA Director, metered water supply to a user may be used as the volume quantity where it is substantiated that the metered water supply and waste quantities are approximately the same, or where a measurable adjustment agreed to by the Director is made in the metered water supply to determine the liquid waste quantity. Separate meters may be used to subtract water which is not discharged to the POTW or is discharged to a sewer other than the sampled location.

   C.   Samples shall be taken at a frequency and volume determined by the WRA Director, and shall be properly refrigerated and preserved in accordance with EPA-approved methods. The sample shall be composited in proportion to the flow for a representative 24-hour sample. A time proportioned 24-hour sample may be used if flow proportioned sampling is determined by the WRA Director to be impractical. Grab samples shall be used where appropriate.

3.   Users must inform the WRA Director prior to breaking a sampler seal, used to detect sample tampering, unless necessary to prevent loss of life, personal injury, or severe property damage. Users must not place additional seals or locks upon a sampler which may be used by the WRA without first obtaining approval from the WRA Director.

100.32 INSPECTION, SAMPLING, AND RECORD KEEPING AUTHORITY.

Users shall give the following authorities to the WRA and its operating contractor:

1.   Users shall permit authorized representatives or agents of the WRA to enter upon all properties and all parts of the premises or upon properties of users with wastewater discharge permits for the purposes of inspection, sampling, records examination, records copying, or the performance of any of their duties. This shall include the right to set up, on the user's property, such devices as are necessary to conduct sampling, inspection, compliance monitoring, or metering operations as may be required in pursuance of the implementation and enforcement of this chapter.

2.   Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements in the security measures so that, upon presentation of suitable identification, personnel from the WRA or operating contractor will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

3.   All users subject to any of the reporting requirements of this chapter shall maintain copies of reports and records of all information as required in 40 CFR 403.12(o) resulting from any monitoring activities required by this chapter for a minimum of three (3) years and shall make such records available for inspection and copying by the WRA and its operating contractor. This period of retention shall be extended until the completion of any unresolved negotiation, hearing, or litigation involving a purported violation.

100.33 CONFIDENTIAL INFORMATION.

1.   Except as herein provided, documents, data and information obtained from user reports, questionnaires, permit applications and inspections, shall be made available to the public or other governmental agencies without restriction. If the user specifically requests and is able to demonstrate that the release of such information would divulge information concerning processes or methods of production entitled to protection under law as trade secrets of the user or would give advantage to competitors and serve no public purpose the WRA Director shall not make such information available to the public but such information shall be available to the U.S. EPA or IDNR.

2.   Decisions by the WRA Director to deny confidential status for information may be appealed using the procedures in Section 100.34. In determining whether information is confidential, the provision of Chapter 22 of the Code of Iowa shall prevail.

3.   Effluent data and WRA enforcement actions will not be considered confidential records or information.