(a) Scope. This section applies to nonresidential users other than nonsignificant commercial users, who for purposes of this section are referred to as "nonresidential users."
(b) Permit required as part of sewer connection permit. Nonresidential users discharging or proposing to discharge wastewater, except hauled wastes, into the County system shall obtain a wastewater discharge permit from the Director in accordance with this section. The permit shall be issued as part of the user's sewer connection permit.
(c) Application. New nonresidential users shall apply for a permit at least 90 days before commencing discharge into the County system. Nonresidential users shall complete and file a permit application that contains all information required by the Department Permit applications for significant industrial users and nonsignificant industrial users shall be signed by a responsible corporate officer, general partner, or proprietor or by a duly authorized representative of the officer, partner, or proprietor, as defined and provided in 40 CFR 403.12(1).
(d) Approval. Within 90 days after acceptance of the data furnished, if the application including all information is complete, adequate, and accurate and meets all the requirements of this subtitle, the Director shall approve the issuance of the permit subject to the permit conditions set forth in subsections (f) and (g).
(e) Contents of permit. A permit shall contain the following information to the extent applicable:
(1) the unit charge or schedule of user charges and fees for the wastewater to be discharged into the County system;
(2) limits on the average and maximum wastewater constituents and characteristics that may be discharged, based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and State and local law;
(3) limits on average and maximum rate and time of discharge and requirements for flow regulation and equalization;
(4) specifications for monitoring programs that may include sampling locations; frequency of sampling; number, types, and standards for tests; and reporting schedules;
(5) requirements for the installation and maintenance of inspection, sampling, and flow monitoring facilities;
(6) compliance schedules;
(7) requirements for submission of technical and discharge reports;
(8) requirements for maintaining and retaining plant records relating to wastewater discharge;
(9) requirements for notification to the Director of a new introduction into the County system of wastewater constituents or a substantial change in the volume or character of the wastewater constituents.
(10) requirements for notification of any accidental discharges into the County system by the user;
(11) a listing of applicable civil and criminal penalties for violation of pretreatment standards and requirements;
(12) a statement that a permit may not be transferred to a new owner or operator;
(13) a requirement that advance notification be given to the Director of any substantial change in the volume or character of pollutants in the user's discharge to the County sewer system;
(14) requirements for notification to the Director after a violation, including daily maximum or minimum effluent limitations, slug loadings, or upset;
(15) a requirement for notification of bypass, maintenance and operation of pretreatment facilities, and detail of bypass provisions;
(16) a requirement that application for a new permit must be made at least 180 days before the expiration date of an existing permit; and
(17) requirements for notification of hazardous waste discharges.
(f) Production levels. If the permit contains equivalent mass or concentration limits calculated from a production-based standard, the user shall notify the Director within two business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month.
(g) Expiration. A permit is valid for a specified term up to five years but may be extended up to 180 additional days with prior approval from the Director.
(h) Modification. A permit may be modified during its term to meet any amendments to the requirements of § 13-5-505 or federal or State pretreatment standards. A permit may also be modified if the Director finds that a user failed to comply with the permit or this title.
(i) Renewal. A permit may be renewed if an application for renewal is made no later than 180 days prior to the expiration of the permit.
(j) Revocation or suspension; order to comply. A permit may be revoked or suspended if the Director finds that a user failed to comply with the permit or this title. The Director may also issue an order to comply for noncompliance with this subtitle.
(k) Transfer. A wastewater discharge permit shall be issued only to a specific user for a specific use or operation and shall not be reassigned, transferred, or sold to a new owner, new user, different premises, to a new or changed operation without express written permission of the Director.
(l) Application for modification. A user shall apply for modification of a permit whenever applicable national categorical pretreatment standards are promulgated or revised or the user plans to expand or change a use or operation or alter its existing wastewater discharge in quantity or constituents.
(m) Plan for the provision of additional operational or maintenance activities. When additional pretreatment or operation and maintenance activities are necessary to comply with this subtitle, a user shall develop and submit to the Director for approval a plan to provide additional pretreatment or implementation of additional operational and maintenance activities, including the following:
(1) a schedule containing milestone dates for the commencement and completion of major events leading to the earliest possible construction and operation of additional pretreatment required for the user to comply with all requirements of this subtitle, including dates relating to hiring an engineer or other appropriate personnel, completing preliminary or final plans, executing contracts for major components, and commencing or completing construction;
(2) complete plans and specifications for the proposed work that are prepared by, signed by, and bear the seal of an engineer, but the County by its approval of the plans and specifications does not warrant that the specified facilities will meet the requirements of this subtitle;
(3) provisions for completion of any single step directed toward compliance within nine months unless otherwise approved by the Director; and
(4) for a user identified as a new source of a discharge, provisions for the installation and start up of all pollution control equipment before commencement of the discharge and in the shortest feasible time, not to exceed 90 days, in order to achieve compliance with all applicable standards.
(n) Progress reports. Every nine months, but not later than 14 days following each milestone date set forth in the schedule required under subsection (m)(1) and the final date for compliance, the user shall submit a progress report to the Director that includes verification that the user has complied with the increment of progress represented by that milestone date or, if verification is not provided, the date on which the user expects to comply with the increment of progress, the reason for delay, and the steps being taken to return to the approved schedule.
(o) Inspection and sampling. The Director may require inspection and sampling manholes, flow measuring, recording, and sampling equipment.
(p) User surcharges. The Director may establish a system of user surcharges that are based on treatment costs for compatible pollutants in order to recover the actual cost of the treatment of excessive strength waste introduced into the collection system by users and that are computed in accordance with the following formula:
Sewer use surcharge (S) = V × 8.34 × (FB (AB-250) + FS (AS-250) + FP (AP-8))
Where:
V is the volume of sewage in millions of gallons discharged by a public sewer system user during the billing period.
FB is the sewer use surcharge rate for biochemical oxygen demand (BOD) expressed in dollars/pound.
FS is the sewer use surcharge rate for total suspended solids (TSS) expressed in dollars/pound.
FP is the sewer use surcharge rate for total phosphorus (TP) expressed in dollars/pound.
AB is the average daily concentration of BOD constituents in the sewage discharged expressed in mg/l.
AS is the average daily concentration of TSS in the sewage discharged expressed in mg/l.
AP is the average concentration of TP in the sewage discharged expressed in mg/l.
250 is the maximum daily concentration (mg/l) of BOD and TSS in the sewage discharged for which a sewer use surcharge is not required for that sewage parameter.
8 is the maximum daily concentration (mg/l) of TP in the sewage discharged for which a sewer use surcharge is not required for that sewage parameter.
Of the three terms, FB (AB-250), FS (AS-250), and FP (AP-8) in the above formula, only those terms having positive values for the sewage discharged shall be used in the computation of the sewer use surcharge.
(1985 Code, Art. 25, § 25-5-509) (Bill No. 40-85; Bill No. 53-90; Bill No. 94-92; Bill No. 63-04)