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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))
If another municipality or user located within another municipality contributes wastewater to the city’s sanitary sewer system, the director shall enter into an inter-municipal agreement with the contributing municipality. Prior to entering into an agreement, the director shall request the following information from the contributing municipality:
1. A description of the quality and volume of wastewater discharged to the city’s sanitary sewer system by the contributing municipality;
2. An inventory of all users located within the contributing municipality that are discharging to the city’s sanitary sewer system; and
3. Such other information as the director may deem necessary.
An inter-municipal agreement shall contain the following conditions:
1. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this ordinance and local limits, including required baseline monitoring reports which are at least as stringent as those set out in section 15.40.024. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance or local limits;
2. A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
3. A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the director; and which of these activities will be conducted jointly by the contributing municipality and the director;
4. A requirement for the contributing municipality to provide the director with access to all information that the contributing municipality obtains as part of its pretreatment activities;
5. Limits on the nature, quality, and volume of the contributing municipality’s wastewater at the point where it discharges to the city’s sanitary sewer system;
6. Requirements for monitoring the contributing municipality’s discharge;
7. A provision ensuring the director access to the facilities of the users located within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling, and other duties deemed necessary by the director; and
8. A provision specifying the remedies available for breach of the terms of the inter-municipal agreement.
(Ord. 2481 §1 (part))
Within either 180 days after the effective date of a categorical pretreatment standard or the final administrative decision on a category determination under 40 CFR Part 403.6(a)(4), whichever is later, existing CIUs subject to such pretreatment standards currently discharging to or scheduled to discharge to the city’s sanitary sewer system shall submit to the director a report which contains the information listed below.
At least ninety (90) days prior to commencement of discharge, new sources, and sources that become CIUs subsequent to the promulgation of an applicable categorical pretreatment standard shall submit to the director a report which contains the information listed below. A new source shall report the method of pretreatment it intends to use to meet the applicable pretreatment standards, an estimate of its anticipated flow, and an estimate of the quantity of pollutants to be discharged.
Users described above shall submit the following information:
2. Measurement of pollutants.
a. The user shall provide the information required in section 15.40.175(7);
b. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
c. Samples should be taken immediately downstream from pretreatment facilities, if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewater are mixed with the regulated wastewater prior to pretreatment, the city should measure the flows and concentrations necessary to allow the use of the combined wastestream formula (40 CFR Part 403.6(e)) to evaluate compliance with the pretreatment standards. Where an alternative concentration or mass limit has been calculated in accordance with 40 CFR Part 403.6(e) this adjusted limit along with supporting data shall be submitted to the city.
d. Sampling and analysis shall be performed in accordance with section 15.40.430.
e. The baseline monitoring report shall indicate the time, date, and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the city’s sanitary sewer system.
3. Compliance Certification. A statement, reviewed and signed by the user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards and requirements are being met on a consistent basis, and, if not, whether additional operations and maintenance and/or pretreatment is required to meet the pretreatment standards and requirements.
4. Compliance Schedule. If additional pretreatment and/or operations and maintenance will be required to meet the pretreatment standards and requirements, the shortest schedule by which the user will provide such additional pretreatment and/or operations and maintenance must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard or requirement. A compliance schedule pursuant to this section must meet the requirements of section 15.40.320 of this chapter.
5. Signature and Report Certification. All baseline monitoring reports must be certified in accordance with section 15.40.180 of this chapter and signed by an authorized representative.
(Ord. 2481 §1 (part))
Within ninety (90) days following the date for final compliance with applicable pretreatment standards and requirements or, in the case of a new source, following commencement of discharge, any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in sections 15.40.175(6)-(7) and 15.40.290(2). For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR Part 403.6 (c), this report shall contain a reasonable measure of the user’s long-term production rate. For users subject to pretreatment standards and requirements expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 15.40.180. All sampling must be completed in conformance with section 15.40.430.
(Ord. 2481 §1 (part))
The director shall require a compliance schedule from each user for installation of technology required to meet a pretreatment standard or requirement, to install accidental spill and slug discharge prevention, or to implement personnel training.
1. Any compliance schedule must contain milestone 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 or requirements (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
2. No increment referred to above shall exceed nine (9) months;
3. Within both fourteen (14) days of completion of a milestone in the compliance schedule and within fourteen (14) days of the final date for compliance, the user must submit a progress report to the director indicating whether or not the milestone or final compliance date was met, and if not, the reason for any delay, and the steps being taken by the user to return to the established schedule.
4. In no event shall more than nine (9) months elapse between such progress reports to the director.
(Ord. 2481 §1 (part))
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