(1) Wastewater Discharge Permits:
A. It shall be unlawful for significant industrial users (SIU), or categorical industrial users (CIU), to discharge wastewater, either directly or indirectly, into the POTW without first obtaining a wastewater discharge permit from the Public Works Director. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.
B. The Public Works Director may require a user, including liquid waste haulers, to obtain wastewater discharge permits (as necessary) to carry out the purposes of this article, and in accordance with the POTW facilities plan.
(2) Wastewater Discharge Permitting: New Source And New User: At least ninety (90) days prior to the anticipated start-up, new sources, sources that become a user subsequent to the promulgation of an applicable categorical pretreatment standard, and a "new user" considered by the Public Works Director to fit the definition of SIU, shall apply for a wastewater discharge permit and will be required to submit to the Public Works Director, the information listed in subsection (4) of this section. A new source or "new user" cannot discharge without first receiving a wastewater discharge permit from the Public Works Director. A new source and "new user" shall also be required to include in its application information on the method of pretreatment the user intends to use to meet applicable pretreatment standards. A new source and "new user" shall give estimates of the information requested in subsections (4)D and (4)E of this section.
(3) Wastewater Discharge Permitting - Extra-Jurisdictional Users: Any existing User located beyond the City limits required to obtain a wastewater discharge permit shall submit a wastewater discharge permit application as outlined in subsection 04-07-39(3) of this article. A new source and "new user" located beyond the City limits required to obtain a wastewater discharge permit shall comply with subsection (2) of this section.
(4) Wastewater Discharge Permit Application Contents: A user required to obtain a wastewater discharge permit must submit, at a minimum, the following information. The Public Works Director shall approve a form to be used as a permit application. A categorical user submitting the following information shall have complied with 40 CFR 403.12(b):
A. Identifying information: The user shall submit the name and address of the facility including the name of the operator and owners.
B. Permits: The user shall submit a list of any environmental control permits held by or for the facility.
C. Description of Operations: The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such industrial user, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; number and type of employees; hours of operation; each product produced by type, amount, process or processes, and rate of production; type and amount of raw materials processed (average and maximum per day) and the time and duration of discharges. This description should also include a schematic process diagram which indicates points of discharge to the POTW from the regulated or manufacturing processes. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenance by size, location and elevation.
D. Flow Measurement:
1. Categorical User: The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
(A) Regulated or manufacturing process streams; and
(B) Other streams as necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e).
2. Non-Categorical User: The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following: total process flow, wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the Public Works Director. The Public Works Director may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
E. Measurements Of Pollutants:
1. Categorical User:
(A) The user shall identify the applicable pretreatment standards for each regulated or manufacturing process.
(B) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration limit required by the categorical pretreatment Standard or as required by the City of regulated pollutants (including standards contained in subsections 04-07-07(1) through (3) of this article, as appropriate) in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in section 04-07-19 of this article.
(C) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.
(D) Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(c) for a categorical user covered by a categorical pretreatment standard this adjusted limit along with supporting data shall be submitted as part of the application.
2. Noncategorical User:
(A) Applicable Pretreatment Standards: The user shall identify the applicable pretreatment standards for its wastewater discharge.
(B) Sampling And Analysis Results: In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants contained in subsections 04-07-07(1) through (3) of this article, as appropriate in the discharge. Both daily maximum and average concentration shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in section 04-07-19 of this article.
(C) Compliance: The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subsection.
(D) Adjusted Limits: Where the Public Works Director developed alternate concentration limits because of dilution, this adjusted limit along with supporting data shall be submitted as part of the application.
F. Certification: A statement, reviewed by an authorized representative of the User and certified by a qualified professional as outlined in subsection (5) of this section, indicating whether the applicable pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the User to meet the applicable pretreatment standards and requirements.
G. Compliance Schedule: If additional pretreatment and/or O&M will be required to meet the applicable pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The user's schedule shall conform with the requirements of subsection 04-07-17(5) of this article. The completion date in this schedule shall not be later than the compliance date established pursuant to subsection 04-07-07(9) of this article.
1. Where the user's categorical pretreatment standard has been modified by the combined waste stream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required by this subsection, the information required by subsections (4)C, (4)D, (4)E and (4)F of this section shall pertain to the modified limits.
2. If the categorical pretreatment standard is modified by the combined waste stream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by this subsection, the information required by subsections (4)C, (4)D, (4)E, and (4)F of this section and this subsection (4)G shall be submitted by the user within sixty (60) days after the modified limit is approved.
H. Other Information: Any other information as may be deemed necessary by the Public Works Director to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(5) Signatory And Certification Requirement: All wastewater discharge permit applications and user reports must be signed by an authorized representative 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 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.
(6) Wastewater Discharge Permit Decisions: The Public Works Director shall evaluate the data furnished by the user and may require additional information if reasonable under the circumstances. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Public Works Director shall determine whether or not to issue a wastewater discharge permit. Upon a determination to issue a permit, the permit shall be issued within thirty (30) days of full evaluation and acceptance of the data furnished. In the event the Public Works Director determines to deny the application for a wastewater discharge permit, he shall set forth in that denial the provisions of this article and the standards used in evaluating the application, the reasons for the denial and the actions, if any, that the applicant could take to obtain approval.
(7) Wastewater Discharge Permit Contents: Wastewater discharge permits shall be issued in accordance with the criteria and provisions of the POTW facilities plan and shall include such conditions as are reasonably necessary 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.
A. Wastewater discharge permits must contain the following conditions:
1. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;
2. A statement that the wastewater discharge permit is non-transferable without prior notification to and approval from the City, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
3. Effluent limits, including best management practices, based on applicable pretreatment standards;
4. Self and/or authority monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law;
5. Requirement for immediate notification to the City where self-monitoring results indicate non-compliance;
6. Requirement to report a bypass or upset of a pretreatment facility;
7. Requirement for the SIU who reports non-compliance to repeat the sampling and analysis and submit results to the City within thirty (30) days after becoming aware of the violation;
8. A statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule;
9. If determined necessary, a requirement for the development and implementation of slug discharge prevention plans and notification requirements associated with slug discharges;
10. The process for a seeking a waiver for pollutants not present or expected to be present.
11. Any grant of the monitoring waiver by the Superintendent must be included as a condition in the user's permit (or other control mechanism).
B. Wastewater discharge permits may contain, but need not be limited to, the following conditions:
1. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
2. 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;
3. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
4. The unit charge or schedule of 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 and equipment;
6. 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;
7. Any special agreements the Public Works Director chooses to continue or develop between the City and user;
8. Other conditions as deemed appropriate by the Public Works Director to ensure compliance with this article, and State and Federal laws, rules, and regulations.
(8) Wastewater Discharge Permit Duration: Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Public Works Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(9) Wastewater Discharge Permit/Special Agreement Modification: The Public Works Director may modify a wastewater discharge permit/special agreement for good cause in accordance with the POTW use and management plan, this article, and including, but not limited to, the following:
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 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. A change in the POTW facilities plan by the City;
E. Information indicating that the permitted discharge poses a threat to the POTW, persons working with the POTW, or the receiving waters;
F. Violation of any terms or conditions of the wastewater discharge permit;
G. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
H. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
I. To correct typographical or other errors in the wastewater discharge permit;
J. To reflect a transfer of the facility ownership and/or operation to a new owner/operator; or
K. To make appropriate modifications to fee structure or arrangements to keep the City whole with respect to the operation, maintenance, depreciation, and future compliance needs associated with receiving the discharge.
(10) Wastewater Discharge Permit/Special Agreement Transfer: Wastewater discharge permits/special agreements may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least ninety (90) days advance notice to the Public Works Director, and the Public Works Director approves the wastewater discharge permit/special agreement transfer. The notice to the Public Works Director must include a written certification by the new owner and/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 wastewater discharge permit/special agreement.
Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable as of the date of facility transfer.
Provided that the above occurs and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and be covered by the existing limits and requirements in the previous owner's permit.
(11) Wastewater Discharge Permit Revocation: Wastewater discharge permits may be revoked for, but not limited to, the following reasons:
A. Failure to notify the City of significant changes to the wastewater content or quantity prior to the changed discharge;
B. Failure to provide prior notification to the City of changed conditions;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
D. Falsifying self-monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the City timely access to the facility premises and records;
G. Failure to meet discharge limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit application;
L. Failure to provide advance notice of the transfer of a permitted facility;
M. If the Public Works Director has to invoke the city's emergency provision as cited in subsection 04-07-29(7) of this article; or
N. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.
(12) When Permit Is Voidable: Wastewater discharge permits/special agreements shall be voidable by the Public Works Director upon cessation of operations or transfer of business ownership. All wastewater discharge permits/special agreements issued and/or entered into, to a particular user, are void upon the issuance of a new wastewater discharge permit and/or entering into a new special agreement with that user by the Public Works Director.
(13) Permit Denial Procedure: In the event the Public Works Director shall take action to modify, revoke, void and/or deny the transfer of a permit/special agreement issued pursuant to this article, the Public Works Director shall first provide written notice to the permittee or affected user of such intended action and must, in said notice, specify the following:
A. The statute, ordinances and/or standards used to evaluate;
B. The reasons for the intended action;
C. The actions, if any, the user could take to avoid the intended action.
The Public Works Director shall, simultaneous to giving notice, issue a show cause hearing notice to the affected user pursuant to the procedures set forth in section 04-07-29 of this article.
(14) Wastewater Discharge Permit Reissuance: Public Works Director: A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, a minimum of one hundred eighty (180) days prior to the expiration of the user's existing individual wastewater discharge permit. (Ord. 3364, 8-16-2021)