§ 51.062 ISSUANCE.
   (A)   Duration. Industrial wastewater discharge permits shall be issued for a specified time period not to exceed five years from the effective date of the permit. An industrial wastewater discharge permit may be issued for a period less than five years at the discretion of the town. Each industrial wastewater discharge permit will indicate a specific date upon which it will expire.
   (B)   Contents.
      (1)   Industrial wastewater discharge permits shall include such conditions as are deemed reasonably necessary by the town to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, protect the public, facilitate sludge management and disposal, and protect against damage to the wastewater system.
      (2)   Industrial wastewater discharge permits must contain:
         (a)   A statement that indicates industrial wastewater discharge permit duration, which in no event shall exceed five years;
         (b)   A statement that the industrial wastewater discharge permit is nontransferable;
         (c)   Effluent limits based on applicable pretreatment standards;
         (d)   Self-monitoring, sampling, reporting, notification, 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; and
         (e)   A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.
      (3)   Wastewater discharge permits may contain but need no be limited to the following conditions:
         (a)   Limits on the average and/or maximum rate of discharge and time of discharge, and/or requirements for flow regulation and equalization;
         (b)   Requirements for the installation and maintenance of pretreatment technology, pollution control, or construction of appropriate containment devises, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
         (c)   Requirements for the development and implementation of accidental discharge/sludge control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
         (d)   Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the wastewater system;
         (e)   Requirements for installation and maintenance of inspection and sampling facilities and equipment;
         (f)   A statement that compliance with the industrial wastewater Discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal, state pretreatment standards, including those which become effective during the term of the industrial wastewater discharge permit; and
         (g)   Other conditions as deemed appropriate by the town to ensure compliance with this chapter and federal and state laws, rules, and regulations.
   (C)   Appeals. The town shall provide public notice of the issuance of an industrial wastewater discharge permit. Any person, including the user or customer, may petition the town to reconsider the terms of an industrial wastewater discharge permit within 30 days of notice of issuance of the permit.
      (1)   Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
      (2)   In its petition, the appealing party must indicate the industrial wastewater discharge permit provisions objected to, the reasons for the objection(s), and the alternative condition(s), if any, it seeks to place in the industrial wastewater discharge permit.
      (3)   The effectiveness of the industrial wastewater discharge permit shall not be stayed during the appeal.
      (4)   If the town fails to act within 30 days of receipt of the request, the request for reconsideration shall be deemed to be denied. Decisions not to reconsider an industrial wastewater discharge permit, not to issue an industrial wastewater discharge permit, or not to modify an industrial wastewater discharge permit, shall be considered final administrative actions for purposes of judicial review.
      (5)   Aggrieved parties seeking judicial review of the final administrative industrial wastewater discharge permit decision must do so by filing a complaint with the Maricopa County Superior court within the appropriate Arizona statute(s) of limitations.
   (D)   Reissuance. A user with an expiring industrial wastewater discharge permit shall apply for industrial wastewater discharge permit reissuance by submitting a complete permit application a minimum of 60 prior to the expiration of the user's existing industrial wastewater discharge permit.
(Ord. 99-04, passed 2-16-99)