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(A) Permit required. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. Proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW.
(1) The following additional information shall be required to obtain a wastewater discharge permit:
(a) A list of any environmental control permits held by or for the facility;
(b) A brief description of the nature and average rate of production of the facility; (This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.)
(c) Information showing the measured average daily flow and maximum daily flow, in gallons per day, to the POTW from each regulated process stream and other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e); (The city may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.)
(d) Identify the pretreatment standards applicable to each regulated process;
(e) Results of sampling and analysis identifying the nature and concentration or mass, where required by the city or pretreatment standard, of regulated pollutants in the discharge from each regulated process; (Both daily maximum and average concentration or mass, where required, shall be reported. The sample shall be representative of daily operations.)
(f) Four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics; (For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The city 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 grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.)
(g) A minimum of one representative sample to compile that data necessary to comply with the requirements of this section;
(h) For categorical industrial users, 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 the use of the combined wastestream formula of 40 CFR 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 403.6(e), this adjusted limit along with the supporting data shall be submitted to the control authority. For non-categorical industrial users, samples should be taken just prior to connection with the POTW. Where an alternate concentration or mass limit has been calculated, in accordance with 40 CFR 403.6(e), this adjusted limit along with the supporting data shall be submitted to the control authority.)
(i) Sampling and analysis, performed in accordance with the techniques prescribed in 40 CFR 136, and amendments thereto; (Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that 40 CFR 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 Administrator.)
(j) Submission of a baseline report which utilizes only historical data so long as the data is sufficient to determine the need for industrial pretreatment measures;
(k) The baseline report indicating the time, date and place of sampling and methods of analysis, certifying that the sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW;
(l) A statement, reviewed by an authorized representative of the industrial 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 (O and M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements;
(m) Any user who elects or is required to construct new or additional facilities for pretreatment shall as a part of the application for wastewater discharge permit submit plans, specifications and other pertinent information relative to the proposed construction to the plant manager for approval; (Plans and specifications submitted for approval must bear the seal of a professional engineer registered to practice engineering in the state. A wastewater discharge permit shall not be issued until the plans and specifications are approved. Approval of the plans and specifications shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter.)
(n) If additional pretreatment and/or operation and maintenance will be required to meet the pretreatment standards; (The application shall include the shortest schedule by which the user will provide additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. For the purpose of this division, pretreatment standards shall include either a national pretreatment standard or a pretreatment standard imposed by this chapter. 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 pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and the like).
2. No increment referred to herein shall exceed nine months.
3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the plant manager including, as a minimum, whether or not it complied with the increment of progress to be met on the date and, if not, the date on which it expects to comply with this increment of progress, the reason for the delay and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between the progress reports to the plant manager.
(o) Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)) and/or fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required hereby, the information required hereby shall pertain to the modified limits; and
(p) If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by division (A) above, any necessary amendments to the information requested hereby shall be submitted by the user to the city within 60 days after the modified limit is approved.
(2) The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided herein.
(3) The plant manager will act only on applications containing all the information required in this section. Persons who have filed incomplete applications will be notified by the plant manager that the application is deficient and the nature of the deficiency and will be given 30 days to correct the deficiency. If the deficiency is not corrected within the extended period as allowed by the plant manager, the plant manager shall submit the application to the City Engineer with a recommendation that it be denied and notify the applicant in writing of the action.
(C) Permit conditions. 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.
(1) Permits shall specify the following:
(a) Statement of duration, in no case more than five years;
(b) Statement of non-transferability without, at a minimum, prior notification to the POTW and provision of copy of the existing control mechanism to the new owner or operator;
(c) Effluent limits based on applicable general pretreatment standards listed in 40 CFR 403, categorical pretreatment standards, local limits and state and local law;
(d) Self-monitoring, sampling, reporting, notification and record-keeping
requirements, including identification of the pollutants to be monitored, sampling location, sampling frequency and sample type, based on the applicable general pretreatment standards in 40 CFR 403 categorical pretreatment standards, local limits and state and local law;
(e) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements; and
(f) Compliance schedules, if applicable. The schedules may not extend the compliance date beyond applicable federal deadlines.
(2) These control documents may also specify the following:
(a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(b) Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;
(c) Requirements for installation and maintenance of inspections and sampling facilities; and
(d) Other conditions as deemed appropriate by the city to ensure compliance with this program.
(D) Permit modifications.
(1) Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permit of users subject to the standards shall be revised to require compliance with the standard within the time frame prescribed by the 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 division (B) above, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national pretreatment standard. A user with an existing wastewater discharge permit shall submit to the plant manager within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by divisions (B)(2) and (3) above.
(2) The terms and conditions of the permit may be subject to modification by the plant manager during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in this 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.
(E) Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit.
(F) 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 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.
(G) Revocation of permit. Any permit issued under the provisions of this chapter is subject to be modified, suspended or revoked in whole or in part during its term for cause including, but not limited to the following:
(1) Violation of any terms or conditions of the wastewater discharge permit or other applicable federal, state or local regulation;
(2) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;
(3) A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;
(4) Failure of a user to accurately report the discharge constituents and characteristics or to report significant changes in plant operations or wastewater characteristics; and
(5) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
(H) Revocation procedure. Should conditions arise requiring permit revocation, the procedure outlined herein will be followed.
(Prior Code, § 17-412) (Ord. 1505, passed 7-6-93) Penalty, see § 10.99