(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.
(2) (a) All class III dischargers 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.
(b) 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:
1. Name and address are required of the operator or owner and location of the facility for which the permit application is being made;
2. 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;
3. 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;
4. Give a detailed description of activities, including a description of any and all existing or proposed wastewater pretreatment mechanisms. Construction drawings and design criteria may also be required;
5. 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;
6. 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;
7. A description of the spill protection and emergency response procedures used or proposed to be used at the facility shall be supplied;
8. Submit the number and classification of employees, hours of operation of the business and proposed or actual hours of operation. Disclose any barriers which would inhibit CAWD employees from inspecting the business premises;
9. 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;
10. 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
11. Any other information as may be deemed by the District to be necessary to evaluate the permit application.
(B) Permit application evaluation for class III users.
(1) All new industrial class III 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.
(2) The District will evaluate the data furnished by the user on the permit and may require additional information. After evaluation and acceptance of the data furnished, the District may determine that no wastewater discharge permit is required. If the District determines that the user is a class III industrial user, the District shall issue a wastewater discharge permit subject to the terms and conditions provided in this chapter.
(C) Permit conditions for class III users. 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 monitoring programs which may include flow metering, sampling locations, methods of sampling, frequency of sampling, number, types and standards for tests and reporting schedule;
(5) Requirements for submission of technical reports or periodic compliance reports;
(6) Requirements for maintaining and retaining business records relating to wastewater discharge;
(7) Requirements for notification of the District of any new introduction of pollutants or any change in the business processes or in the volume or character of the wastewater constituents being introduced into District facilities;
(8) Requirements for notification of slug or accidental discharges, including discharge limit violations, or upset of the pretreatment facility;
(9) Requirements for providing the District with design and construction plans and specifications of the wastewater pretreatment facility whether proposed or in existence;
(10) Requirements for providing the District with plans and specifications of the discharger’s industrial or business operation and/or processes, including such other information as the District may reasonably request that pertains to the industrial user’s operation;
(11) Requirements for notification of any planned alteration of the proposed or existing wastewater pretreatment system;
(12) Requirements for the notification of the District of planned alterations of the business processes of the class III user, which could result in an alteration of the user’s process discharge or the potential for an accidental spill or slug discharge;
(13) Requirements prohibiting bypass of the wastewater pretreatment facility, unless bypass is unavoidable to prevent loss of life, injury or severe property damage;
(14) Requirement that the discharger notify the District prior to any proposed bypass other than due to accident or emergency;
(15) Requirements to have emergency spill plans on file with the District;
(16) Requirements to certify that the class III user has not discharged through a POTW hazardous substances without a permit, which substances have been stored or used in the user’s business and which the user contends will not, in the ordinary course of the user’s operation, enter the POTW;
(17) 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;
(18) 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;
(19) Requirements for providing the District with operation and maintenance records including periodic updates, as appropriate;
(20) The prohibition of dilution as partial or complete substitute for adequate treatment to achieve compliance with permit conditions;
(21) Signatory requirements specifying the responsible business owner for the industrial class III user;
(22) Other conditions as deemed appropriate by the District to ensure compliance with this chapter;
(23) 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;
(24) Identification of applicable best management practices (BMPs) to be employed by the business to control discharge quality; and
(25) Identification of the wastes and wastewater that are subject to a discharge prohibition standard.
(D) Permits duration. 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. The terms and conditions of the permit may be subject to modification by the District during the term of the permit as limitations or requirements, as identified in the §§ 35.020 through 35.036, are modified or other just cause exists. The user shall be informed of any proposed changes in their 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. The District shall require class III industrial users to enter into a wastewater discharge permit for connecting to or contributing wastewater to District facilities. The wastewater discharge permit 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.
(F) Permit and contract transfer.
(1) 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 a new or changed operation without the prior approval of the District.
(2) 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)