(A) Permit application.
(1) Users required, or who may be required, to obtain a wastewater discharge permit shall complete and file with the District an application in the form prescribed by the District. A new industrial permit fee may be assessed at the time of the application. Existing class I and class II users (except those with current permits) shall apply for a wastewater discharge permit within 90 days following the effective date of this chapter, and new users shall apply at least 30 days prior to connecting to or contributing to the POTW.
(2) In support of the application, the user may be required to submit, in units and terms appropriate for evaluation, some or all of the following information, but will in all cases be required to submit items in divisions (A)(2)(p) and (A)(2)(q):
(a) Name and address are required of the operator or owner and location of the facility for which the permit application is being made;
(b) Give SIC number(s) according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended, for all operations conducted at the facility;
(c) Supply a list of all environmental control permits and hazardous substance release response (spill) plans that are held by or for the facility;
(d) Supply the time(s) and duration of all process discharges;
(e) Disclose the average daily and 15 minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any. Flow rates shall be provided for each regulated process stream;
(f) Supply the site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;
(g) 1. Give a detailed description of activities, facilities and plant processes on the premises, including all materials that are, or could be, discharged; provided such chemicals are present in quantities sufficient to cause harm to the operations of the District or to the environment if released. A description of any and all existing or proposed wastewater pretreatment facilities.
2. Construction drawings and design criteria shall also be submitted.
(h) Submit the nature and concentration of any pollutants in the discharge which are limited by a District or state pretreatment standard or requirement or by a national pretreatment standard, or which are otherwise requested by the District. Pollutant data shall be provided for each regulated process stream. In the case of an existing user, a statement regarding whether or not the pretreatment standards and requirements are being met on a consistent basis and, if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable pretreatment standards and requirements. If sample data submitted with a permit application document a discharge limit violation, the condition will be subject to citation with a notice of violation;
(I) Disclose the nature and concentration of any pollutants in the discharge which are limited by state or federal standards concerning the release or discharge of any hazardous substance or waste;
(j) 1. If additional pretreatment housekeeping, process changes and/or operations will be required to meet the pretreatment standards and requirements; the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established by EPA, the state or the District for the applicable standard.
2. 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 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. 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 General Manager including, as a minimum, whether or not the user complied with the increment of progress to be met on such date and, if not, the date on which the user expects to comply 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.
(k) Describe each product produced by type, amount, process or processes and rate of production;
(l) If applicable, disclose the type and amount of raw materials processed (average and minimum per day), provided such raw materials are present in quantities sufficient to cause harm to operations of the District or to the environment;
(m) Disclose the number, type and volume/amount of hazardous substances stored on the premises and a description of the variety of the method of storage and/or the containment device for such substances, provided such substances are present in quantities sufficient to cause harm to the operations of the District or to the environment if released;
(n) A description of the spill protection and emergency response procedures used or proposed to be used at the facility shall be supplied;
(o) Submit the number and classification of employees, hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(p) A signed statement of the authorized representative of the industrial user applicant that the information presented in the permit application is true and accurate to the best of the authorized representative’s knowledge, and that the applicant is, or, upon connection, will be, in compliance with applicable pretreatment standards and requirements on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the applicant to meet such standards and requirements;
(q) A signed certification of a qualified professional that the applicant is or upon connection will be in compliance with applicable pretreatment standards and requirements on a consistent basis and, if not, whether additional O&M and/or pretreatment is required for the applicant to meet such standards and/or requirements; and
(r) Any other information as may be deemed by the District to be necessary to evaluate the permit application.
(B) Permit application evaluation for class I, II and IV users.
(1) All new industrial users shall arrange for a District representative to conduct a walk-through site inspection of the user’s facilities during the 90-day period prior to connecting or contributing waste or wastewater to the POTW. New industrial users shall submit to the District, within 90 days after commencement of discharge to the District’s facilities, an analysis of said discharge delineating wastewater constituents and characteristics, including, but not limited to, those mentioned in § 35.030.
(2) The District will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the District may determine that no wastewater discharge permit is required, or the District may determine that the user is a class I, class II or class III industrial user. If the District determines that the user is a class II or class III industrial user, the District shall issue a wastewater discharge permit subject to the terms and conditions provided in this chapter.
(3) If the District determines that the user is a class I user, the District will promulgate a wastewater discharge permit contract subject to the terms and conditions provided in this chapter.
(C) Permit conditions. Permits may contain provisions, requirements and standards appropriate to carry out the objectives of this chapter, including, but not limited to, the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the District’s facilities;
(2) Limits on the average and maximum wastewater constituents and characteristics. These limits may be based on pollutant concentration and/or mass and may include prohibitions on discharge of said pollutants;
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulation and/or equalization;
(4) Requirements for installation and maintenance of sampling and flow metering facilities;
(5) Requirements for monitoring programs which may include flow metering, sampling locations, methods of sampling, frequency of sampling, number, types and standards for tests and reporting schedule;
(6) Compliance schedules;
(7) Requirements for submission of technical reports or periodic compliance reports;
(8) Requirements for maintaining and retaining plant records relating to wastewater discharge, hazardous waste manifests and as specified by the District and chemical inventories;
(9) Requirements for notification of the District of any new introduction of pollutants or any change in plant processes or in the volume or character of the wastewater constituents being introduced into District facilities;
(10) Requirements for notification of slug or accidental discharges, including discharge limit violations, or upset of the pretreatment facility;
(11) Requirements for providing the District with design and construction plans and specifications of the wastewater pretreatment facility whether proposed or in existence;
(12) Requirements for providing the District with plans and specifications of the discharger’s industrial or commercial operation and/or processes, including such other information as the District may reasonably request that pertains to the industrial user’s operation;
(13) Requirements for notification of any planned alteration of the proposed or existing wastewater pretreatment system;
(14) Requirements for the notification of the District of planned alterations of the operations processes of the industrial user, which could result in an alteration of the user’s process discharge or the potential for an accidental spill or slug discharge;
(15) Requirements prohibiting bypass of the wastewater pretreatment facility, unless bypass is unavoidable to prevent loss of life, injury or severe property damage;
(16) Requirement that the discharger notify the District prior to any proposed bypass other than due to accident or emergency;
(17) Requirements to have emergency spill plans on file with the District;
(18) Requirements to certify that the industrial user has not discharged through a POTW hazardous substances without a permit, which substances have been stored or used in the user’s process and which the user contends will not, in the ordinary course of the user’s operation, enter the POTW;
(19) Requirements for re-sampling following a discharge violation and the submittal of reports explaining the cause of the violation and the steps that has been or will be taken to prevent a reoccurrence of the violation;
(20) Requirements for providing access to District personnel, at all reasonable times, to conduct sampling and/or inspection of any and all processes which can contribute to the waste stream, including the actual wastewater discharge;
(21) Requirements for providing the District with operation and maintenance records including periodic updates, as appropriate;
(22) The prohibition of dilution as partial or complete substitute for adequate treatment to achieve compliance with permit conditions;
(23) Signatory requirements specifying the responsible corporate officer for the industrial user;
(24) Other conditions as deemed appropriate by the District to ensure compliance with this chapter;
(25) Technical provisions or requirements related to the wastewater pretreatment facility which, in the opinion of the District, may be necessary to ensure the adequacy and reliability of the wastewater pretreatment system. These technical conditions may include conditions requiring continuous monitoring, training personnel, alarm systems, automated shutoff, flow through monitoring and/or provisions for discharges in batch amounts only subsequent to sample testing;
(26) Identification of applicable best management practices (BMPs) to be employed to control discharge quality from the processes used at the facility; and
(27) Identification of the wastes and wastewater that are subject to a discharge prohibition standard.
(D) Permits duration.
(1) Permits shall be issued for a specified time period, not to exceed one year. 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 be responsible to apply for permit reissuance a minimum of 90 days prior to the expiration of the user’s existing permit. The District may initiate permit reissuance prior to receiving an application from the user based on communications between the user and the District.
(3) The user shall be informed of any proposed changes in his or her 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) Wastewater discharge permit contract.
(1) The District shall require class I industrial users to enter into a wastewater discharge permit contract for connecting to or contributing wastewater to District facilities.
(2) (a) The wastewater discharge permit contract shall incorporate the provisions of this chapter by reference including all requirements and standards as may be set forth herein or promulgated by the Board of Directors by ordinance. The wastewater discharge permit contract may contain all of the permit provisions set forth in division (C) above.
(b) In addition, the permit contract may contain additional provisions, including, but not limited to, the following:
1. a. Provisions for liquidated damages for discharges in violation of the discharge prohibitions and limitations of this chapter and/or of such special prohibitions or limitations as may be set forth in the permit contract; and
b. These liquidated damages provisions may be proposed without regard to proof of pass-through, damage to the environment or interference with POTW or operations and may be assessed on a strict liability basis for violation of the noted provisions;
2. Requirements for providing proof of insurance, indemnification of the District and bonding in order to adequately protect the District, in its judgment, from the potential of the increased exposure to liability due to the user’s discharge;
3. Provisions for termination of the permit contract and wastewater sewer service for violation of this chapter or other wastewater permit contract conditions; and
4. Any and all other conditions as may be deemed appropriate by the District to ensure compliance with all provisions of this chapter and the objectives set forth herein.
(F) Permit modifications.
(1) When a new national categorical pretreatment standard is promulgated, the wastewater discharge permit or permit contract of users subject to such standard shall be revised to require compliance with such standard within the time for compliance prescribed by such standard or within 90 days, whichever is shorter. However, when the time for compliance prescribed by such standard is longer than 90 days, the users subject to such standard may apply to the General Manager, or his or her designee, for an extended time for compliance in a wastewater discharge permit or permit contract. The General Manager, or his or her designee, may grant such an extension up to the time for compliance set forth in the national categorical pretreatment standards.
(2) Where a user, subject to a national pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by § 35.054(B), the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national pretreatment standard.
(3) In addition, the user with an existing wastewater discharge permit or permit contract shall submit to the General Manager within 180 days after the promulgation of an applicable federal pretreatment standard the information required by division (A) above.
(4) In the event the District determines that it is necessary in order to comply with the objectives of the chapter to impose more stringent limitations or requirements on discharges to the POTW than are set forth in an existing permit (for reasons other than issuance of a new national pretreatment standard), the District shall have the right to require such reasonable modifications of an existing permit to incorporate such more stringent limitations or requirements. In the event such permit modification is required, the user shall be provided with reasonable time to make such modifications to its processes or procedures as may be required to meet the more stringent limitations and requirements. After consultations with the user, a compliance schedule agreement shall be issued which would set forth a reasonable schedule for the user to comply with the more stringent standards. If the permit modification will require construction or acquisition of equipment related to pretreatment, the compliance schedule agreement will provide for up to 180 days to comply; however, this period may be extended for a period not to exceed an additional 180 days upon determination by the General Manager and/or the District Engineer that good cause exists for an additional period.
(5) To the extent that the user remains in compliance with the permit conditions in effect prior to amendment during the compliance period, the user shall not be liable pursuant to the terms of this chapter for non-compliance with the more stringent standards or requirements during the period of the compliance schedule agreement; provided that the user is also complying with the terms of said compliance schedule agreement.
(G) Permit and contract transfer. Wastewater discharge permits and wastewater discharge permit contracts 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 a new or changed operation without the prior approval of the District. However, nothing in this section shall be construed to prevent the application of the terms and conditions of this chapter, including enforcement penalties, from applying to a succeeding owner, successor in interest or other assigns of an existing contract of permit holder.
(Ord. 2022-02, passed 3-31-2022)