(A) It shall be unlawful for any significant industrial discharger to discharge to the POTW any wastewater without a permit issued by the Control Authority in accordance with the provisions of this chapter.
(B) All significant industrial dischargers proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial dischargers connected to or contributing to the POTW shall obtain a Discharge Permit within 120 days after the effective date of this chapter.
(C) Permit application. All significant industrial dischargers shall complete and file with the control authority an application in the form prescribed by the Control Authority. Existing significant industrial dischargers shall apply for a discharge permit within 60 days after the effective date of this chapter, and proposed new significant industrial dischargers shall apply at least 60 days prior to connecting to or contributing to the POTW. No significant industrial discharger shall be permitted to discharge if it fails to submit a completed discharge permit application within the specified time. In support of the application, the discharger shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address, and location (if different from the address);
(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 § 52.20 and § 52.21 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(9) of the Act and contained in 40 CFR, Part 136, as amended;
(4) Time and duration of contribution;
(5) Daily maximum, daily average, and monthly average wastewater flow rates, including daily, monthly and seasonal variations if any;
(6) Site plans, floor plans, plumbing plans and details to show all sewers, floor drains, sewer connections, and appurtenances by size, location, and elevation;
(7) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used at the facility which are or could accidentally or intentionally be discharged to the POTW;
(8) Wastewater constituents and characteristics, including any pollutants in the discharge which are limited by any city, state, or federal pretreatment requirements, and a statement regarding whether or not the pretreatment requirements are being met on a consistent basis and if not, whether additional Operation and Maintenance (O & M) and/or additional pretreatment is requirement for the discharger to meet applicable Pretreatment Requirements;
(9) If additional pretreatment and/or O & M will be required to meet the pretreatment requirements; the shortest time schedule by which the discharger will provide such additional pretreatment and/or O & M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment requirement. 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 discharger to meet the applicable pretreatment requirements (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 division (C)(9)(a) shall exceed nine months, nor shall the total compliance period exceed 18 months.
(c) Not later than 14 days following each date in the schedule and the final date for compliance, the discharger shall submit a progress report to the Control Authority including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the schedule established. In no event shall more than nine months and 14 days elapse between such progress reports to the Control Authority.
(10) Any other information as may be deemed by the Control Authority to be necessary to evaluate the permit application.
(D) Action on the permit application. The Control Authority will evaluate the completed application and data furnished by the discharger and may require additional information within 60 days. After evaluation of the completed application and acceptance of the data furnished, the Control Authority shall issue or deny a discharge permit. If the permit is issued, it shall be subject to terms and conditions provided herein. If the application is denied, the applicant shall be notified in writing within 30 days or the reasons for such denial. If denial is based on the Control Authority's determination that the applicant cannot meet the pretreatment requirements specified in this chapter, the Control Authority may specify that additional pretreatment operations will be required of the applicant in compliance with division (C)(9) of this section.
(E) Permit conditions. Wastewater discharge permits shall be subject to all provisions of this chapter and all other applicable regulations, industrial waste surcharges, and fees established by the city. Permits may contain, but shall not be limited to, the following:
(1) Limits on the average and maximum wastewater constituents and characteristics;
(2) Limits on average and maximum rate and time of discharge and/or requirements for flow regulation and equalization;
(3) Development and implementation of accidental discharge prevention and control plans pursuant to § 52.22(B)(1);
(4) The unit charge or schedule or user charges and fees for the management of the wastewater discharged to the POTW;
(5) Requirements for installation and maintenance of inspection and sampling facilities;
(6) Location of approved discharge points;
(7) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests, laboratory analysis method, and reporting schedule;
(8) Compliance schedules;
(9) Requirements for submission of special technical reports or discharge reports differing from those prescribed by this chapter;
(10) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the Control Authority, and affording Control Authority access thereto;
(11) Requirements for notification of the Control Authority of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW;
(12) Requirements for notification of excessive, accidental, or slug discharges pursuant to § 52.22(B)(2);
(13) The duration of the permit, which shall not extend beyond the expiration date of the city's NPDES permit;
(14) Other conditions as deemed appropriate by the Control Authority to ensure compliance with this chapter.
(F) Permit modifications.
(1) The Control Authority may modify the permit for good cause including, but not limited to, the following:
(a) To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;
(b) Material or substantial alterations or additions to the discharger's operation processes, or discharge volume or character which were not considered in drafting the effective permit;
(c) A change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge in order to implement the prohibitions in § 52.24 or in order to avoid any other violation of this chapter;
(d) Information indicating that the permitted discharge poses a threat to the Control Authority's collection and treatment systems, POTW personnel, or the receiving waters;
(e) Violation of any terms or conditions of the permit;
(f) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting;
(g) Revision of or a grant of variance from federal categorical pretreatment standards pursuant to 40 CFR 403.13;
(h) To correct typographical or other errors in the permit;
(i) To reflect transfer of the facility ownership and/or operation to a new owner/operator;
(j) Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.
(2) The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(3) (a) Any request by the permittee for a modification of its permit shall be in writing and shall be accompanied by all relevant data, documentation, explanations, and other pertinent information. The Control Authority shall provide personal notice to the permittee, and published notice if public interest is affected, of any proposed permit modification at least 14 days prior to decision on the proposed modification.
(b) The Control Authority shall provide the permittee and any requesting interested persons with notice of the final modification decision.
(c) Appeal of permit modification decisions may be taken pursuant to the procedures specified for permit appeals in division (G)(2) of this section.
(G) Permit issuance and appeal procedures.
(1) Public notification. The Control Authority shall provide personal notice to the permittee, and published notice in a newspaper of general circulation in the city, of intent to issue a discharge permit, at least 30 days prior to issuance. The notice shall indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.
(2) Permit appeals. The Control Authority shall provide all requesting interested persons with notice of final permit decisions. Upon notice by the Control Authority, any person, including the industrial user, may petition for reconsideration of the terms of the permit within 30 days of the notice.
(a) In its petition, the appealing party must indicate any permit provision objected to, the reason for the objection, and the alternative condition, if any, it seeks to be placed in the permit.
(b) The effectiveness of the permit shall not be stayed pending a reconsideration by the Control Authority unless the Control Authority expressly so indicates.
(c) The Control Authority shall respond in writing to any petition for reconsideration within 30 days.
(d) In its response, the Control Authority shall indicate its decision whether to affirm, vacate, of modify the terms of permit issued.
(e) The Control Authority's action upon any petition for reconsideration shall be considered final for purposes of any judicial review.
(H) Permit transfer. Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the Control Authority.
(1) The permittee must give at least 30 days advance notice to the Control Authority.
(2) The notice must include a written certification by the new owner which:
(a) States that the new owner 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 permit.
(I) Permit termination. Pretreatment permits may be terminated pursuant to § 52.75 for the following reasons:
(1) Falsifying self-monitoring reports;
(2) Tampering with monitoring equipment;
(3) Refusing to allow timely access to the facility premises and records;
(4) Failure to meet pretreatment requirements;
(5) Failure to pay penalties imposed pursuant to § 52.99.
(6) Failure to pay sewer charges; or
(7) Failure to meet compliance schedules.
(J) Permit reissuance. The discharger shall apply for permit reissuance by submitting a complete permit application a minimum of 90 days prior to the expiration of the discharger's existing permit.
(K) Continuation of expired permits. An expired permit will continue to be effective and enforceable until the permit is reissued if:
(1) The discharger has submitted a complete permit application at least 90 days prior to the expiration date of the discharger's existing permit; and
(2) The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the discharger.
(1) Petition for relief from permitting requirement. Any discharger under a permit issued pursuant to this section may petition the Control Authority to find that:
(1) The discharger no longer meets any of the criteria to be a "Significant Industrial Discharger" as defined in § 52.02;
(2) The discharger has not met any of those criteria for the immediately preceding three years; and
(3) Therefore, the permitting requirements of § 52.23 should no longer apply to the discharger.
(a) The petitioning discharger shall produce all information relevant to the requested findings.
(b) The Control Authority shall afford reasonable opportunity for a hearing on any relevant factual issues upon request of the petitioning discharger.
(c) If the Control Authority finds that the discharger does not meet any of the criteria to be a Significant Industrial Discharger as defined in § 52.02 and that the discharger has not met any of those criteria for the immediately preceding three years, the Control Authority shall cancel any existing permit issued to the discharger, and the discharger shall be relieved of any further obligation to comply therewith.
(d) No such permit cancellation shall affect any later determination that a discharger subsequently meets the criteria for a significant industrial discharger.
(Ord. 338A, passed 5-5-92) Penalty, see § 52.99