(A) Industrial 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 conditions as deemed appropriate by the control authority to ensure compliance with this chapter.
(B) Permit duration and reissuance. An individual wastewater discharge permit or a general permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit or a general permit may be issued for a period less than five years, at the discretion of the control authority. Each individual wastewater discharge permit or general permit will indicate a specific date upon which it will expire. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. An individual wastewater discharge permit or general permit will remain in effect past the expiration date as long as the permittee has filed a timely application and through no fault of the permittee the POTW has not reissued the permit.
(C) Wastewater discharge permit contents. An individual wastewater discharge permit or a general permit shall include such conditions as are deemed reasonably necessary by the control authority to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
(1) Individual wastewater discharge permits and general permits must contain:
(a) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
(b) A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with division (E) below, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c) Effluent limits, including best management practices, based on applicable pretreatment standards;
(d) 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;
(e) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with § 56.42(D)(2);
(f) 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;
(g) Requirements to control slug discharge, if determined by the control authority to be necessary;
(h) Any grant of the monitoring waiver by the control authority (§ 56.42(D)(2)) must be included as a condition in the user's permit.
(2) Individual wastewater discharge permits or general permits may contain, but need not be limited to, the following conditions:
(a) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(b) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(c) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(d) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(e) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(f) Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
(g) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit;
(h) Other conditions as deemed appropriate by the city to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
(D) Permit modification. The terms and conditions of the wastewater discharge permit may be subject to modification by the city 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 the permit at least 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.
(1) The control authority may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(b) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater 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 city's POTW or beneficial sludge use, city personnel, or the receiving waters;
(e) Violation of any terms or conditions of the individual wastewater discharge permit;
(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(g) Revision of or a grant of variance from categorical pretreatment standards pursuant to SC R.61-9.403.13;
(h) To correct typographical or other errors in the individual wastewater discharge permit; or
(i) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with division (E) below.
(2) The control authority may modify a general permit for good cause, including, but not limited to, the following reasons:
(a) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(b) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(c) To correct typographical or other errors in the individual wastewater discharge permit; or
(d) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with division (E) below.
(E) Wastewater discharge permit transfer. Wastewater discharge permits are issued to a specific person 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 city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. Individual wastewater discharge permits or coverage under general permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the control authority and the city approves the individual wastewater discharge permit or the general permit coverage transfer. The notice must include a written certification by the new owner or operator which:
(1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing individual wastewater discharge permit or general permit.
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit or coverage under the general permit void as of the date of facility transfer.
(F) Individual wastewater discharge permit and general permit revocation. Any person who violates the conditions of his permit, of this division or of applicable state and federal regulations is subject to having his permit revoked. Violations subjecting a user to possible revocation of his permit include, but are not limited to, the following:
(1) Failure to notify the control authority of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the control authority of changed conditions pursuant to § 56.46(B);
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) Falsifying self-monitoring reports and certification statements;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the control authority timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the general permit or this chapter.
(G) Individual wastewater discharge permits or coverage under general permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits or general permits issued to a user are void upon the issuance of a new individual wastewater discharge permit or a general permit to that user.
(Ord. 16-04-001, passed 4-19-16)