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The director shall evaluate the information and data furnished by the user and may require additional information. Within thirty (30) days of receipt of a completed application and after evaluation and acceptance of the data furnished, the director may issue the wastewater discharge permit subject to appropriate conditions or may deny the permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(Ord. 2481 §1 (part))
Industrial wastewater discharge permits shall be expressly subject to the provisions of this chapter, use charges and fees established by the city, and all other applicable statutes and regulations. Industrial wastewater discharge permits shall contain the following:
1. A statement that indicates the permit issuance date, expiration date, and effective date. The permit duration shall not to exceed five (5) years;
2. A statement of non-transferability;
3. A statement that the unit charge or schedule of user charges and fees, including sampling fees, for the wastewater to be discharged to the city’s sanitary sewer system may be amended by the city council;
4. Requirements for installation, and maintenance of pretreatment technology, pollution control or containment devices, and inspection and sampling facilities;
5. Effluent limits, including BMPs, based on applicable pretreatment standards or requirements;
6. Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization;
7. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or BMPs) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law and whether such monitoring is to be performed by the user;
8. Requirements for notification to the city of any new wastewater constituents discharged to the city’s sanitary sewer system;
9. Requirements for maintaining and retaining records relating to wastewater discharge as specified by the city, and affording city personnel access thereto;
10. A statement of applicable civil and criminal penalties for any violation of pretreatment standards and requirements, or any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;
11. Requirements for the development and implementation of an accidental spill and slug discharge control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges, if determined by the director to be necessary;
12. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with section 15.40.330(2);
13. Any grant of the monitoring waiver by the director must be included as a condition in the permit; and
14. A statement that compliance with the permit does not relieve the user of responsibility for compliance with all applicable pretreatment standards and requirements, including those which become effective during the term of the industrial wastewater discharge permit.
An industrial wastewater discharge permit may contain the following:
1. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the city’s sanitary sewer system;
2. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices; and
3. Other conditions as deemed appropriate by the director to ensure compliance with this chapter and state and federal laws, rules, and regulations.
(Ord. 2481 §1 (part))
Pollution prevention permits shall be expressly subject to the provisions of this chapter, use charges and fees adopted by the city, and all other application statutes and regulations. Pollution prevention permits shall contain the following:
1. A statement that indicates the permit issuance date, expiration date, and effective date. The permit duration shall not to exceed five (5) years;
2. A statement of non-transferability;
3. A statement that the unit charge or schedule of user charges and fees, including sampling fees, for wastewater to be discharged to the city’s sanitary sewer system may be amended by the city council;
4. Requirements for implementation of BMPs and inspection and sampling facilities;
5. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or BMPs) to be monitored, sampling location, sampling frequency, sample type based on federal, state, and local law, and whether such monitoring is to be performed by the user;
6. Requirements for notification to the city of any new wastewater constituents discharged to the city’s sanitary sewer system;
7. Requirements for maintaining and retaining records relating to wastewater discharge as specified by the city, and affording city personnel access thereto;
8. A description of the mechanism for reclassifying a user requiring a pollution prevention permit to a user requiring an industrial wastewater discharge permit;
9. A statement that compliance with the permit does not relieve the user of responsibility for compliance with all applicable pretreatment standards and requirements, including those which become effective during the term of the industrial wastewater discharge permit; and
10. Other conditions as deemed appropriate by the director to ensure compliance with this chapter and state and federal laws and regulations.
(Ord. 2481 §1 (part))
The director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. To incorporate any new or revised federal, state, or local pretreatment standards or requirements, or to incorporate any revisions to the CTR, NTR, or any water quality plan adopted or proposed to be adopted by the State Water Resources Control Board pursuant to California Water Code section 13170.
2. 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;
3. A change in the city’s sanitary sewer system that requires either a temporary or permanent reduction or elimination of the authorized discharge;
4. Information indicating that the permitted discharge poses a threat to the city’s sanitary sewer system, city personnel, and/or the receiving waters;
5. Violation of any terms or conditions of the wastewater discharge permit;
6. Intentional or unintentional misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or any required reporting;
7. Revision of or a grant of variance from pretreatment standards pursuant to 40 CFR 403.13; or
8. To correct typographical or other errors in the wastewater discharge permit. The city will provide notification to the user at least thirty (30) days prior to the effective date of any modification to the user’s wastewater discharge permit. Any changes or new conditions in the wastewater discharge permit shall include a reasonable time schedule for compliance.
(Ord. 2481 §1 (part))
The director shall provide notice to the user of all permit decisions, including the denial, issuance, or modification of a wastewater discharge permit. The user may petition the director to reconsider a decision regarding a wastewater discharge permit, including the conditions imposed or, in the case of users other than SIUs and CIUs, the decision to require a wastewater discharge permit, within fifteen (15) calendar days of such notice.
In its petition, the user requesting review must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
The director shall issue a written decision within thirty (30) days of the petition. A user aggrieved by the decision of the director upon the petition for reconsideration may appeal that decision according to the appeals process provided for in chapter 2.80 of this code.
The effectiveness of the wastewater discharge permit requirements shall not be stayed pending the outcome of the petition for reconsideration on appeal.
(Ord. 2481 §1 (part))
A user shall apply for wastewater discharge permit renewal a minimum of sixty (60) days prior to the expiration of the user’s existing permit. The application for renewal shall comply with the requirements of section 15.40.175 and such other requirements as may be imposed by the director.
(Ord. 2481 §1 (part))
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. Wastewater discharge permits shall be void upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
(Ord. 2481 §1 (part))
The director may revoke or suspend a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. Failure to notify the director in writing of significant changes to the wastewater prior to the changed discharge;
2. Failure to provide prior notification to the director of changed conditions pursuant to section 15.40.340 of this chapter;
3. Intentional misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
4. Falsifying self-monitoring or other reports;
5. Tampering with monitoring equipment;
6. Refusing to allow the city personnel timely access to the facility premises and records or refusing to allow the city to sample wastewater or discharges;
7. Failure to meet effluent limitations;
8. Failure to pay fines;
9. Failure to pay sewer charges or fees;
10. Failure to meet compliance schedules;
11. Failure to complete a wastewater discharge permit application; or
12. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
Additionally, the director may immediately suspend a user’s wastewater discharge permit, after informal notice to the user, whenever such emergency suspension is necessary to stop an actual or threatened discharge which in the director’s opinion appears to present or cause an imminent or substantial danger to the health or welfare of persons or threatens to substantially interfere with the operation of the city’s sanitary sewer system, or which presents, or may present, a danger to the environment. Such informal notice shall, where time permits, be in the form of notice of violations or cease and desist orders. Where, in the director’s opinion, the danger posed by the discharge is such that it is infeasible, impractical, or dangerous to take the time necessary to issue a notice of violation or cease and desist order, the informal notice to the user may be in the form of a telephone call to the user or to the emergency contact listed in the user’s wastewater discharge permit.
The director shall provide fifteen (15) days’ prior written notice of revocation or suspension of a wastewater discharge permit, including the reasons for such revocation or suspension. The permit holder may, within such fifteen (15) days, appeal the revocation or suspension to the city council pursuant to the procedures in chapter 2.80 of this code. The city council’s decision on such an appeal shall be final. The wastewater discharge permit shall remain in effect during the pendency of such a timely appeal.
Any user notified of an emergency suspension of its wastewater discharge permit shall immediately stop or eliminate its discharge to the city’s sanitary sewer system. In the event of a user’s failure to immediately comply voluntarily with the suspension order or inability of the director to contact the user, the director may take such steps as deemed necessary to prevent or minimize damage to the city’s sanitary sewer system, the receiving waters, or endangerment of public health, including immediate severance of the sewer connection or discontinuing water service. The director may allow the user to recommence its discharge only after the user has demonstrated to the satisfaction of the director that the period of emergency has passed, unless proceedings are initiated by the director to permanently terminate the user’s discharge pursuant to section 15.40.480(6).
A user that is responsible, in whole or in part, for any discharge requiring an emergency suspension shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any further occurrence to the director prior to the date of any show cause or termination hearing. Such user shall reimburse the city for all costs which the city may incur as a result of such discharge or the imposition of an emergency suspension.
If the wastewater discharge permit is revoked or suspended, the director may sever all pertinent connections to the city’s sanitary sewer system. If the wastewater discharge permit is suspended or revoked, neither it nor service shall be reinstated until the user submits proof, satisfactory to the director, of compliance with this chapter, and reimburses the city for all costs incurred in suspending or revoking the wastewater discharge permit. Suspension or termination of discharge shall not be a bar to, or prerequisite for, taking any other action against the user pursuant to section 15.40.480 of this chapter.
(Ord. 2481 §1 (part))
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