(A) Permit requirements. It shall be unlawful for any significant industrial user to discharge without a non-domestic wastewater discharge permit to the system any wastewater except as authorized by the city in accordance with the provisions of this chapter.
(B) Wastewater discharge permitting process. All significant industrial users proposing to connect to or contribute to the system shall obtain a wastewater discharge permit before connecting to or contributing to the system. All existing significant industrial users connected to or contributing to the system shall obtain a wastewater discharge permit within 180 days after the effective date of this chapter.
(1) Permit application.
(a) Significant industrial users who are required to obtain a wastewater discharge permit shall complete and file with the city, an application in the form prescribed by the city, and accompanied by a fee of $100.
(b) Existing users shall apply for a wastewater discharge permit within 30 days after the effective date of this chapter, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the system.
(c) In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
1. Name, address and location (if different from the address) and name of owner(s) and operator(s) of the discharging facility;
2. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
3. Wastewater constituents and characteristics, including but not limited to those mentioned in § 52.10 as determined by a reliable analytical laboratory. Sampling and analysis shall be preformed in accordance with procedures established by the EPA pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 136 as amended;
4. Time and duration of discharge;
5. Average daily and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
6. Site plans, floor plans, mechanical and plumbing and details to show all sewers, sewer connections and appurtenances by the size, location and elevation, and a current water use schematic;
7. Description of activities, facilities and plant process on the premises including all materials which are or could be discharges;
8. The nature and concentration of any pollutants in the discharge which are limited by the city, state or federal pretreatment standards, and a statement signed by an authorized representative of the user and certified by a qualified professional regarding 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, 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. The following conditions shall apply to this schedule:
a. 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);
b. No increment referred to in the above division (B)(1)(c)9.a. shall exceed nine months; and
c. No 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 city including as a minimum, whether or not is complied with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall over nine months elapse between these progress reports to the city.
10. Each product and/or by-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 the plant and proposed or actual hours of operation of pretreatment system;
13. List of any environmental control permits held by or for the facility; and
14. Any other information as may be deemed by the city to be necessary to evaluate the permit application. The city will evaluate the date furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a non-domestic wastewater discharge permit subject to terms and conditions provided herein.
(2) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative (defined in § 52.28) of the user and contain the following certification statement:
“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.”
(3) Wastewater discharge permit decisions. The city will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete wastewater discharge permit application, the city will determine whether or not to issue a wastewater discharge permit. The city may deny any application for a wastewater discharge permit.
(C) Wastewater discharge permit contents. Non-domestic wastewater discharge permits shall contain, as appropriate, the following:
(1) A term of duration not to exceed five years with specified issuance and expiration dates and regulations deadlines;
(2) Effluent limitations based on the more stringent of categorical pretreatment standards, local limits as established by this chapter, and state and federal law;
(3) General and specific discharge prohibitions as established by this chapter;
(4) Requirements to pay fees for the wastewater to be discharges to the POTW;
(5) Limitations on the sewage and maximum rate and time of discharge or requirements for flow regulation and equalization;
(6) Requirements for the installation and maintenance of inspection facilities;
(7) Requirements and specifications for monitoring programs including sampling locations, frequency of sampling, number types and standards for tests and report schedule;
(8) Compliance schedules;
(9) Requirements for submission of technical reports, discharge reports or certification statements. These include any reporting requirements contained in a categorical pretreatment standard or requirement;
(10) Requirement for collecting/retaining and providing access to plant records relating to the user’s discharge and for providing entry for sampling and inspection;
(11) Requirements for notification of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater discharges to the WWTP;
(12) Requirements for the notification of spills. Potential problems to the system including slug, loadings, upsets or violations;
(13) Requirements for installation, operation and maintenance of pollution control equipment;
(14) Requirements to develop and implement spill and slug control plans;
(16) Other conditions as deemed appropriate by the city to ensure compliance with this chapter, state and federal pretreatment standards and requirements;
(17) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements;
(18) Statement of non-transferability without prior consent of the city; and
(19) Conditions for modification or revocation of permit.
(D) Public notice of permits and permit appeals.
(1) The city shall provide public notice of the issuance of a wastewater discharge permit.
(2) Any person, including the user, may petition the WWTP Supervisor to reconsider the terms of a wastewater discharge permit within 21 days of notice of its issuance.
(3) Failure to submit a timely petition for review shall be deemed to be a waiver of the appeal.
(a) Contents of petition. In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(b) No stay pending appeal. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(c) Actions of the WWTP Supervisor. If the WWTP Supervisor fails to act within 30 days of the submission of the petition, a request for reconsideration shall be deemed to be denied. Within 30 days of receiving the petition, however, the WWTP Supervisor may modify the permit in the manner requested by the user, affirmatively deny the request for reconsideration or schedule a hearing on the request before the WWTP Supervisor. If a hearing is granted, the hearing must be scheduled no later than 60 days after the date of petition. The WWTP Supervisor must issue a decision not later than 30 days after the hearing. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit (whether with or without a hearing) shall be considered final administrative actions for purposed of judicial review.
(d) Judicial review. Aggrieved parties may seek judicial review of the final administrative wastewater discharge permit decision in accordance with applicable law.
(Ord. 162, passed 8-12-2002) Penalty, see § 52.99