(A) Permit required. It shall be unlawful for any significant industrial user to discharge wastewater into the city’s POTW without first obtaining an industrial discharge permit from the Wastewater Superintendent. Any violation of the terms and conditions of an industrial discharge permit shall be deemed a violation of this chapter and subjects the permittee to the enforcement and remedies set out in this chapter. Obtaining an industrial 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.
(1) The Wastewater Superintendent may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
(2) Any significant industrial user which discharges industrial waste into the POTW prior to the effective date of this chapter and wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the city for an industrial discharge permit in accordance with division (B) below, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this chapter except in accordance with an industrial discharge permit issued by the Wastewater Superintendent, or in the case, a valid permit exists and does not violate any part of this chapter, shall not have to re-apply until the permit expiration date.
(3) Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit in accordance with division (B) below, prior to the beginning or recommencing of such discharge. An industrial discharge permit application must be filed at least 90 days prior to the date which any discharge will begin.
(B) Application.
(1) Significant industrial users must complete and file with the city a permit application in the form prescribed by the city. No discharge permit will be issued until the following information is made available on the completed permit application:
(a) All information required by § 51.125(B) of this chapter;
(b) Description of activities, facilities, and plant processes on the premises, including 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) Each product produced by type, amount, process, or processes, and rate of production;
(e) Type and amount of raw materials processed (average and maximum per day);
(f) Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers, and appurtenances by size, location, and evaluation;
(g) Time and duration of discharges;
(h) Disclosure of the nature and concentration of any pollutants or materials in the discharge prohibited by this chapter, including a statement regarding whether or not compliance is being achieved on a consistent basis and if not, what additional operation and maintenance activities and/or additional pretreatment is required for the discharger to comply;
(i) Where additional pretreatment and/or operation and maintenance activities will be required to comply with the applicable pretreatment standard, the user must provide a compliance schedule by which the user will provide the additional pretreatment and/or implementation of additional operational and maintenance activities.
1. The schedule must contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of the chapter, including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance.
2. Under no circumstances will the Wastewater Superintendent permit a time increment for any single step directed toward compliance which exceeds nine months.
3. Not later than 14 days following each milestone date in the schedule and the final date for compliance, the user must submit a progress report to the Wastewater Superintendent. This report must include a statement as to whether or not it complied with the increment of progress represented by that milestone 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 to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the city; and
(j) Any other information as may be deemed necessary by the Wastewater Superintendent to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(2) All permit applications for new or modified permits must be signed by a principal executive officer of the user. The Wastewater Superintendent will evaluate the complete application and data furnished by the user and may require additional information. After full evaluation and acceptance of the data furnished, the city will issue a wastewater discharge permit subject to terms and conditions provided in the chapter.
(C) Permit modifications.
(1) The Wastewater Superintendent may modify a discharge permit for good cause including, but not limited to, the following:
(a) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(b) To address significant alterations or additions to the users operation, processes, or wastewater volume or characteristics since the time of the discharge permit issuance;
(c) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses a threat to the POTW, city personnel, or the receiving waters;
(e) Violation of any terms or conditions of the wastewater discharge permit;
(f) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(g) Revisions of or a grant of variance from categorical pretreatment standards pursuant to 40 C.F.R. § 403.13; and
(h) To correct typographical or other errors in the permit.
(2) The filing of a request by the permittee for a discharge permit modification does not stay any discharge permit conditions.
(D) Permit conditions. Wastewater discharge permits must include the following:
(1) A statement that indicates wastewater discharge permit duration (see division (F) below);
(2) A statement that the wastewater discharge permit is nontransferable (see division (G) below);
(3) Limits on the average and/or maximum wastewater constituents and characteristics based on applicable pretreatment standards;
(4) Self monitoring, sampling, reporting, notification, 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; and
(5) A statement of applicable civil and criminal penalties for violation of 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, or local law. Wastewater discharge permits may include the following:
(a) Limits on average and/or maximum rate and time of discharge and/or requirements for flow regulations and equalization;
(b) Requirements for installation and maintenance of inspection and sampling facilities;
(c) Special conditions the Wastewater Superintendent may require under particular circumstances of a given discharge including sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedules;
(d) Compliance schedules; and
(e) Requirements for submission of special technical reports or discharge reports where they differ from those outlined in the chapter.
(F) Duration. Permits shall be issued for a specified time period, not to exceed three years. The permittee shall apply for permit reissuance by submitting a completed wastewater discharge permit application no later than 90 days prior to the expiration date of the existing permit. The terms and conditions of the permit may be subject to modification by the City Council during the term of the permit as limitations or requirements as identified in this chapter are modified or other just cause exists. The user shall be informed of any proposed changes in a permit at least 30 days prior to the effective date of change. Where any changes are made in user’s permit, a reasonable time shall be given to achieve compliance.
(G) Transfer. Wastewater discharge permits are issued to a specific user for the process activity specified in the permit. A wastewater discharge permit shall not be assigned, transferred, or sold to a new owner or new user in different premises or to a new or changed operation in the same or different premises without the approval of the city.
(Ord. 2009-02, passed 5-12-2009)