(A) Wastewater survey. When requested by the Superintendent, all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The Superintendent is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of the subchapter.
(B) Wastewater discharge permit requirement.
(1) It shall be unlawful for any significant industrial user to discharge wastewater into the city's POTW without first obtaining a wastewater discharge permit from the Superintendent. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this subchapter and subjects the wastewater discharge permittee to the sanctions set out in §§ 51.081 through 51.083. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(2) The Superintendent may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this subchapter.
(C) Wastewater discharge permitting - existing connections. Any significant industrial user which discharges industrial waste into the POTW prior to the effective date of this subchapter and which wishes to continue such discharges in the future, shall, within 120 days after said date, apply to the city for a wastewater discharge permit in accordance with this section, and shall not cause or allow discharges to the POTW to continue after 120 days of the effective date of this subchapter except in accordance with a wastewater discharge permit issued by the Superintendent.
(D) Wastewater discharge permitting - new connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least 120 days prior to the date upon which any discharge will begin.
(E) Extrajurisdictional industrial users. The city does not extend sewage lines outside of the City of Cleburne Certificate of Convenience and Necessity (CCN) service area or accept hauled wastes from sources outside of the CCN. Therefore, the city will not accept permit requests from potential industrial users outside of the CCN. Customers within the CCN that receive wastewater service will enter the city’s customer service agreement and where applicable an industrial user wastewater discharge permit.
(F) Wastewater discharge permit application contents.
(1) In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit must submit the information required by this subchapter. The Superintendent shall approve a form to be used as a permit application. In addition, the following information may be requested:
(a) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.
(b) Number and type of employees, hours of operation, and proposed or actual hours of discharge to the POTW.
(c) Each product produced by type, amount, process or processed, and rate of production, and the process waste stream(s) to be discharged to the POTW.
(d) Type and amount of raw materials processed (average and maximum per day).
(e) The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.
(f) Time and duration of the discharge.
(g) Any other information as may be deemed necessary by the Superintendent to evaluate the wastewater discharge permit application.
(h) Pursuant to 33 U.S.C.A. 1318(a), consent for the Superintendent or any other duly authorized person to have access to records or right of entry to the property of the applicant.
(2) Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.
(G) Application signatories and certification. All wastewater discharge permit applications, industrial user reports, correspondence and documents of any kind submitted to the city, shall contain the following certification statement and be signed by an authorized representative of the industrial user:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(H) Wastewater discharge permit decisions. The Superintendent will evaluate the data furnished by the industrial user and may require additional information. Within 120 days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied. The Superintendent may deny any application for a wastewater discharge permit.
(I) Obtaining a wastewater discharge permit. The Superintendent may grant a wastewater discharge permit to discharge industrial wastewater to the POTW to an industrial user meeting all requirements of this subchapter provided that the industrial user:
(1) Submits an application 120 days before the anticipated discharge date on forms supplied by the Superintendent;
(2) At the Superintendent's request, submits for approval of all plans and specifications for pretreatment facilities.
(3) Submits to an inspection of production and pretreatment facilities by the Superintendent.
(4) Comply with all requirements for agreements or arrangements including, but not limited to, provisions for:
(a) Payment of charges;
(b) Installation and operation of pretreatment facilities;
(c) Sampling and analysis (baseline monitoring report) to determine quantity and strength of wastewater; and
(d) Reporting to the Superintendent at frequencies specified in the wastewater discharge permit.
(5) Provide a sampling point subject to the provisions of this subchapter for approval of the Superintendent.
(6) Secure a wastewater discharge permit prior to discharging any waste. Failure to obtain a permit before discharging will result in enforcement action.
(J) Denial or conditioning permits of new or increased contributions. In accordance with 40 CFR 403.8(f)(1)(i), the city may deny permits or condition permits of new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its TPDES permit.
(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)