(a) No person shall discharge wastewater to any natural outlet within the City, or in any area under the jurisdiction of the City, and/or to the wastewater treatment facilities unless authorized by the City in accordance with the provisions of this chapter. In addition, no discharger shall "bypass" or intentionally divert the wastestream from any portion of an Industrial User's treatment facility, which would result in a violation of existing pretreatment standards or requirements. Bypasses which are necessary for essential maintenance of facilities may be approved if notice is given to the City at least ten days in advance of a planned bypass. In the event of an unplanned bypass, the industrial user must orally notify the City within twenty-four hours of the time the bypass is known, and must provide written submission to the City within five days of the time the industrial user becomes aware of the bypass, describing the cause, duration, and methods of correction. Approval of bypasses may also be made if they were made to prevent the loss of life, personal injury, or severe property damage.
(b) All significant or industrial users are required to apply for and receive an approved wastewater discharge permit before discharging any wastewater into the City's wastewater treatment system. Within ninety days following the date for final compliance by the Discharger with applicable Categorical Pretreatment Standards or ninety days following commencement of the introduction of wastewater into the POTW by a New Source discharger, any Discharger subject to this chapter shall submit to the City a Baseline Monitoring Report (BMR) as part of the Industrial User Discharge Permit application indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons for those processes which are limited by pretreatment standards or requirements.
The BMR must contain all information as listed in 40 CFR 403.12(b )(1 )-(7) and the
following:
(1) Name, address, and location (if different from the address).
(2) SIC number according to the SIC Manual, Bureau of the Budget, 1972, as amended.
(3) Wastewater constituents and characteristics.
(4) Time and duration of contribution.
(5) Average daily and peak wastewater flow rates, including daily, monthly, and seasonal variations, if any.
(6) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances by the size, location, and elevation.
(7) Description of activities, facilities, and plant processes on the premises including all materials which are or could be discharged.
(8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State, or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.
(9) If additional pretreatment and/or O&M will be required to meet the pretreatment standards, all dischargers refer to Section 925.20(i).
(10) Each product produced by type, amount, process or processes, and rate of production.
(11) Type and amount of raw materials processed (average and maximum per day).
(12) Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
(13) Any other information as may be deemed by the City to be necessary to evaluate the permit application.
(14) A list of any environmental control permits held by or for the facility.
(c) Certification of Permit Application, User Reports and Initial Monitoring Waiver. The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with Section 4.7; Users submitting baseline monitoring reports under Section 6.1 B (5) [Note: See 40 CFR 403.12(l)]; Users submitting reports on compliance with the categorical Pretreatment Standard deadlines under Section 6.3 [ Note: See 40 CFR 403.12(d)]; Users submitting periodic compliance reports required by Section 6.4 A-D [Note: See 40 CFR 403.12(e) and (h)], and Users submitting an initial request to forego sampling of a pollutant on the basis of Section 6.4B(4) [Note: See 40 CFR 403.12(e)(2)(iii)]. The following certification statement must be signed by an Authorized Representative as defined in Section 1.4C:
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.
(d) Industrial User Discharge Permits must contain:
(1) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with the following: Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days advance notice to the Director and the Director approves the individual wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which:
A. States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;
B. Identifies the specific date on which the transfer is to occur; and
C. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.
(3) Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards. BMPs may be developed as an enforceable local limit. If so, BMPs will be incorporated into the industrial user discharge permit.
(4) Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
(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 Requirements to control slug discharges if deemed necessary by the Director. If a slug load discharge control plan is required, the slug discharge control plan will be reviewed at least once per permit cycle. Significant industrial users are required to immediately notify the POTW of any changes at the facility affecting potential for a slug discharge.
(e) The City will evaluate the date furnished by the user and may require additional information. After evaluation and acceptance of the date furnished, the City may authorize the industry to discharge subject to the terms and conditions of this chapter.
(f) Within ninety days following the date for final compliance with applicable Categorical Pretreatment Standards or as required by the City, the industry shall submit a report following all applicable Federal requirements indicating the nature and concentration of all pollutants and the average and maximum daily flows for those processes which are limited by pretreatment standards or requirements. This report should include production data from industrial users subject to production-based standards, and long-term production rate data from industrial users with equivalent limits. Refer to Section 925.20(i).
(g) (1) Any Discharger subject to a Pretreatment Standard set forth in this chapter, after the compliance date of such Pretreatment Standard, or, in the case of a New Source discharger, after commencement of the discharger to the City, shall submit to the City during the months of June and December, unless required more frequently by the City, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the Pretreatment Standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility consideration justify, the City may accept reports of average and maximum flows estimated by verifiable techniques, provided; however, where cost or feasibility consideration justify, the City may accept reports of average and maximum flows estimated by verifiable techniques.
(2) Reports of Discharges shall contain all results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the City. The frequency of monitoring by the Discharger shall be as prescribed in the applicable Wastewater Discharge Permit. All analyses shall be performed in accordance with 40 CFR, Part 136 and amendments thereof. (Comment: Where 40 CFR, Part 136 does not include a sampling and analysis shall be performed in accordance with the procedures set forth in EPA publication, Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and amendments thereof, or within any other sampling and analytical procedures approved by the Administrator of the U.S. EPA).
(3) Industrial users with applicable standards that require compliance with a BMP or a pollution prevention alternative shall submit documentation to determine compliance with the BMP or standards when submitting BMRs or periodic compliance reports as required.
Any reports and or certifications required of the industrial users by this chapter must be signed by an Authorized or Duly Authorized Representative. In order to be eligible, an Authorized or Duly Authorized Representative must be authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations and of initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations.
(h) All industrial users shall notify the Director at least thirty (30) days in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the Industrial User has submitted initial notification under 40 CFR 403.12(p).
(i) New Source industrial dischargers shall install and have in operating condition, and shall "start-up" all pollution control equipment required to meet applicable Pretreatment Standards before beginning to discharge. Within the shortest feasible time (not to exceed ninety (90) days), New Sources must meet all applicable Pretreatment Standards.
(Ord. 19-82. Passed 12-10-19.)