(A) It shall be unlawful to discharge without a city permit to any natural outlet within the city or in any area under the jurisdiction of the city or to the POTW any wastewater except as authorized by the Director in accordance with this article.
(B) All major contributing industries proposing to connect to or contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW.
(C) Users required to obtain a wastewater contribution permit shall complete and file with the city an application in the form prescribed by the city and accompanied by a fee. Proposed new users shall apply for a wastewater contribution permit at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the information required. The following information shall also be submitted:
(1) A base line monitoring report (BMR) must be submitted at least 90 days prior to commencement of the discharge. The required sampling, for BMRs, will be based on both grab samples and composite samples. If known pollutants which are limited by the city, state, or federal agency are discovered in the discharge, a statement must be prepared regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance or additional pretreatment is required for the user to meet applicable pretreatment standards;
(2) If additional pretreatment or operation and maintenance will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment shall be submitted to the Director. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. 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 pretreatment standards (e.g., hiring an engineer, completing final plans, executing contract for major components, commencing construction, completing construction, and the like);
(b) No increment referred to in subsection (C)(2)(a) of this section shall exceed 9 months;
(c) 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 superintendent, 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 user to return the construction to the schedule established. No more than 9 months shall elapse between such progress reports to the manager.
(3) Any other information as may be deemed by the city to be necessary to evaluate the permit application.
(D) Within 9 months of the promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater contribution permit as required by this section, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the superintendent within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by this section.
(E) Permits may contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(2) Limits on the maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards of tests and reporting schedule;
(6) Compliance schedules;
(7) Requirements for submission of technical reports or discharge reports;
(8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording the city access thereto;
(9) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater system;
(10) Requirements for notification of sludge discharges;
(11) Other conditions as deemed appropriate by the city to ensure compliance with this article.
(F) Permits shall be issued for a specified time period, not to exceed 3 years. A permit may be issued for a period less than 1 year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user’s permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in his 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.
(G) Wastewater contribution 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 approval of the city. If a transfer is granted, a copy of the existing control mechanism must be provided to the new owner or operator.
(H) Any user, categorical or noncategorical, issued a wastewater discharge permit shall submit to the superintendent during the months of June and December, unless required more frequently, a report indicating the nature and concentration of pollutants in the effluent and any other information the superintendent deems necessary as listed in § 68-174.
(I) The superintendent may impose mass limitations on users in cases where they are appropriate. In such cases, the report required by subsection (H) of this section shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user.
(J) Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review and shall be acceptable to the city before construction of the facility. The review of plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.
(K) A user to which a promulgated federal categorical pretreatment standard applies shall achieve compliance with such standard within the shortest time feasible, not to exceed 90 days.
(L) The surveillance reports referred to in this article shall be signed as follows:
(1) By a responsible corporate officer, if the user submitting the reports is a corporation. The term “responsible corporate officer” means:
(a) A President, Secretary, Treasurer or Vice-President of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or
(b) The manager of 1 or more manufacturing, production or operation facilities employing more than 250 persons, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) By a general partner or proprietor, if the user submitting the reports is a partnership or sole proprietorship, respectively.
(3) By a duly authorized representative of the individual designated in subsection (L)(1) or (2) of this section, if:
(a) The authorization is made in writing by the individual described in subsection (L)(1) or (2) of this section;
(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates, such as the position of plant manager or a position of equivalent responsibility for environmental matters for the company; and
(c) The written authorization is submitted to the superintendent.
(4) If an authorization under this subsection is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this subsection must be submitted to the superintendent prior to or together with any reports to be signed by an authorized representative.
(5) Compliance reports by non-domestic users must contain the certification statement requried by 40 CFR 403.6(a)(2)(ii).
(M) It is the responsibility of the permitter to notify the new permittee, at the time that the permit is granted, of all specifications and regulations that the permittee is responsible to comply with.
(1993 Code, § 68-191) (Ord. passed 1-22-2001; Ord. 2014-01, passed 1-27-2014)