8-2-8: WASTEWATER DISCHARGE PERMIT:
   A.   Mandatory Permits: All industries proposing to connect or to commence a new discharge to the wastewater disposal system shall obtain a wastewater discharge permit before connecting to or discharging into the wastewater disposal system if the discharge would result in the industry being classified as a significant industrial user. No industrial user requiring a permit shall discharge into public sewers until the industrial user has been issued a permit. Issuance of an industrial discharge permit shall not relieve the industrial user from any obligation to obtain any hazardous waste license required by other authorities or to comply with any other local, state, or federal requirements regarding waste disposal.
   B.   Permit Application; Fee:
      1.   Form; Fee: Users required to obtain a wastewater discharge permit shall complete and file with the public works director, an application in the form prescribed by the public works director, and accompanied by the applicable fee set by the BPUC.
      2.   Time Of Filing: Proposed new users shall apply at least one hundred eighty (180) days prior to connecting or discharging to the wastewater disposal system.
      3.   Required Information: In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
         a.   Name, address, location (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 governed by sections 8-2-4 and 8-2-5 of this chapter 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(g) of the act and contained in 40 CFR, part 136, as amended;
         d.   Time and duration of discharge;
         e.   Average daily and thirty (30) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
         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, including sludges, floats, skimmings, etc.;
         h.   Where known, the nature and concentration of any pollutants in the discharge which are limited by the city, state or national categorical pretreatment standards, and (for an existing discharge) a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance and additional pretreatment is required for the user to meet applicable pretreatment standards. If additional operation and maintenance and pretreatment will be required, a proposed schedule by which the changes will be completed shall be submitted. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. 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 pretreatment standard. No increment shall exceed nine (9) months in length, and progress reports concerning each increment shall be submitted within fourteen (14) days following each increment date;
         i.   Each product produced by type, amount, and rate of production;
         j.   Type and amount of raw materials processed (average and maximum per day);
         k.   Number of full and part time employees, and hours of work; and
         l.   Any other information as may be deemed by the public works director to be necessary to evaluate the permit application.
   C.   Issuance Of Industrial Discharge Permit: Within ninety (90) calendar days, after receipt of a completed permit application from an industrial user, the public works director shall, upon a determination that the applicant is capable of compliance with permit conditions and these rules, issue an industrial discharge permit subject to applicable terms and conditions. Industrial discharge permit duration shall be established by the public works director. Permits shall be issued in one of the following forms:
      1.   A standard permit will be issued to an industrial user with a direct discharge connection to a public sewer;
      2.   A liquid waste hauler permit will be issued to an industrial user who transports and discharges industrial waste to public sewers; and
      3.   A special discharge permit will be issued to an industrial user who discharges leachate, ground water or other waste to public sewers, for which a standard form is not applicable.
   D.   Permit Conditions: Wastewater discharge permits shall be subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the BPUC. Permits may contain the following:
      1.   Payment of annual permit fees;
      2.   Payment of strength charge as required by the BPUC's strength charge system, section 8-2-14 of this chapter;
      3.   Payment of load charges as required for liquid waste haulers, section 8-2-10 of this chapter;
      4.   Limits on the average and maximum wastewater constituents and characteristics;
      5.   Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
      6.   Requirements for installation and maintenance of inspection and sampling facilities;
      7.   Requirements for installation, operation and maintenance of pretreatment facilities;
      8.   Specifications for monitoring programs which may include sampling locations, frequency and method sampling, number, types and standards for tests and reporting schedule;
      9.   Compliance schedules;
      10.   Requirements for submission of technical reports or discharge reports;
      11.   Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the public works director, but in no case less than three (3) years, and affording public works director access thereto;
      12.   Requirements for notification to and acceptance by the public works director any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
      13.   Requirements for notification of slug or accidental discharges as provided in section 8-2-6 of this chapter, and reporting of permit violations;
      14.   Requirements for disposal of sludges, floats, skimmers, and similar materials; and
      15.   Other conditions as deemed appropriate by the public works director to ensure compliance with this chapter.
   E.   Permit Duration: Permits shall be issued for a specified time period, not to exceed five (5) years. The user shall apply for permit reissuance a minimum of one hundred eighty (180) 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 public works director during the term of the permit as limitations or requirements as identified in sections 8-2-4 and 8-2-5 of this chapter 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.
   F.   Permit Modifications: Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by subsection B of this section, the user shall apply for a wastewater discharge 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 discharge permit shall submit to the public works director within one hundred eighty (180) days after the promulgation of an applicable national categorical pretreatment standard the information required by subsection B3h of this section. If the information previously submitted in an application is still current and adequate, only a letter from the user certifying such is required.
   G.   Permit Transfer: Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge 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 public works director. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. (2002 Code)