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A. Required When: All significant users connected or contributing wastewater to the POTW shall obtain a wastewater contribution permit before connecting to or contributing wastewater to the POTW. All existing significant users connected to or contributing to the POTW shall obtain a wastewater contribution permit within one hundred eighty (180) days after the effective date hereof.
1. The following industrial users are required to apply for a wastewater contribution permit:
a. Any significant industrial user;
b. Any user required by Federal or State pretreatment requirements to obtain a permit; and
c. Any other user directed by the POTW to apply for a permit.
2. Existing users required to obtain a permit by subsection A1 of this Section must apply for a wastewater contribution permit within ninety (90) days of the effective date hereof.
3. New sources required to obtain a permit by subsection A1 of this Section must apply for and receive a wastewater contribution permit prior to discharging pollutants into the POTW.
4. Any user not required to obtain a permit for existing discharges must apply for and receive a wastewater contribution permit prior to changing the user's discharge in such a manner that the resulting discharge would require a permit.
5. A user must reapply for a permit:
a. Whenever the mass loading of pollutants contained in the permitted discharge exceeds the average daily quantity applied for by greater than ten percent (10%); and/or
b. Prior to any new introduction of pollutants or any substantial change in the volume or character of pollutants introduced into the POTW.
6. A user may reapply for a wastewater contribution permit whenever the user believes that some of the permit requirements no longer apply.
7. On a yearly basis, the city shall review and update their list of significant industrial users, and shall notify or remind them of their status and requirements. This list shall identify the criteria used to determine their status and wastewater contribution permit requirements and shall also indicate whether the city has made a determination that any such industrial users should not be considered a significant industrial user. This list, and any subsequent modifications thereto, shall be submitted to the approval authority as a nonsubstantial program modification. Discretionary designations or dedesignations by the city shall be deemed to be approved by the approval authority ninety (90) days after submission of the list of modifications thereto, unless the approval authority determines that a modification is in fact a substantial modification as described in 40 CFR 403.18.
B. Application; Contents; Issuance Procedure:
1. At least ninety (90) days prior to commencement of discharge, new sources and sources that become IUs subsequent to the promulgation of an applicable categorical, standard, or industrial users identified in the above Section, shall be required to file with the city an application, in the form prescribed by the city or city manager, which shall be accompanied by a fee as set by resolution. New sources shall give estimates of the information requested if applicable. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
a. Name, address and location of the facility at which wastewater is generated (if different from the address);
b. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
c. Wastewater constituents and characteristics including, but not limited to, those mentioned as specific pollutant limitations- local limits section, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(H) of the Act and contained in 40 CFR, part 136, as amended;
d. Time and duration of contribution;
e. Average daily, and maximum daily, peak wastewater flow rates, including daily, monthly and seasonal variations, if any, from each of the following:
(1) Regulated process streams;
(2) Other streams as necessary to allow the use of the combined waste stream formula of 40 CFR, section 403.6(e);
Verifiable estimates of these flows may be allowed where justified by cost or feasibility;
f. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
g. Description of activities, facilities, and plant processes on the premises including all materials which are or could be discharged;
h. The categorical industrial user shall identify the pretreatment standards applicable to each regulated process. The categorical industrial user shall submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operations and at a minimum shall include the following:
(1) A minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, hexavalent chromium and volatile organics. For all other pollutants, twenty four (24) hour composite samples must be obtained through flow- proportional composite sampling techniques where feasible. The POTW may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four (4) grab samples, over the normal workday operation, where the user demonstrates that this will provide a representative sample of the effluent being discharged;
(2) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection;
(3) Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined waste stream formula of 40 CFR section 403.6(e); in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR section 403.6(e) this adjusted limit along with supporting data shall be submitted to the POTW;
(4) Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR, part 136, and amendments thereto. Where 40 CFR, part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the approval authority determines that the part 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, including procedures suggested by the POTW or other parties, approved by the approval authority;
(5) The POTW may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
(6) The report shall indicate the time, date, and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW;
i. If additional pretreatment and/or operation and maintenance (O&M) will be required to meet the categorical standards, comply with this Chapter, or permit requirement, the shortest schedule by which the user will provide such additional pretreatment. The scheduled completion date shall not be later than the compliance date established for the applicable categorical standard. The following conditions shall apply to this schedule:
(1) The 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 categorical standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.);
(2) No increment referred to in subsection B1i(1) of this Section shall exceed nine (9) months;
(3) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the city including as a minimum, whether or not it 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 to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the city.
j. Each product produced by type, amount, process or processes, and rate of production;
k. Type and amount of raw materials processed (average and maximum per day);
l. Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
m. A listing of any toxic pollutant which the applicant uses or manufactures as an intermediate or final product or byproduct;
n. Signature of an authorized representative of the user and certified to by a qualified professional indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance and additional pretreatment is required;
o. A list of any environmental control permits by or for the facility;
p. Any other information as may be deemed by the city to be necessary to evaluate the permit application.
C. Conditions And Contents: Wastewater discharge permits shall be expressly subject to all provisions of this Chapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:
1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
2. Limits on the average and maximum wastewater constituents and characteristics;
3. Limits on average and maximum rates and time of discharge or requirements for flow regulations and equalization;
4. Requirements for installation and maintenance of inspection and sampling facilities;
5. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
6. Compliance schedules;
7. Requirements for submission of technical reports or discharge reports;
8. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording the city access thereto;
9. Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
10. Requirements for notification of slug discharges, spills or violations;
11. Requirements for installation, operation and maintenance of pollution control equipment;
12. Statement of applicable civil and criminal penalties for violations of pretreatment standards or other noncompliance violations;
13. Other conditions as deemed appropriate by the city to ensure compliance with this Chapter.
D. Term; Modification Procedure: A permit may be issued for a period less than a year or may be stated to expire on a specific date, but in no case to exceed five (5) years. The user shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city, after consultation with the Town, during the term of the permit as limitations or requirements as identified in the sewer discharge regulations section are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Wastewater contribution permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All wastewater contribution permits are void upon the issuance of a new wastewater contribution permit.
E. National Categorical Pretreatment Standard; Compliance Required: Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. A user, not previously subject to a national categorical pretreatment standard, who has not previously submitted an application for a wastewater contribution permit as required by the section on "required when" shall apply for a wastewater contribution permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the city within one hundred eighty (180) days after the promulgation of an applicable categorical pretreatment standard the information required by the section on application contents issuance procedure.
F. Reassignment, Transfer And Sale Conditions: Wastewater contribution permits are issued to a specific user for a specific operation. A wastewater contribution permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the city after consultation with the town in whose boundary the user is located. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. (Ord. 99-03, 11-16-1999)