All significant industrial users shall obtain a wastewater discharge permit.
(A) Application.
(1) Industrial users required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city and accompanied by a permit fee as specified in § 52.139(A) of this subchapter at least 90 days prior to connecting to or contributing to the POTW.
(2) In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(a) Name, address and location (if different from address);
(b) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended;
(c) Wastewater constituents and characteristics including but not limited to those mentioned in this subchapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304(h) of the Act and contained in 40 C.F.R. Part 136, as amended;
(d) Time and duration of wastewater contribution;
(e) Average daily and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by size, location and elevation and current water use schematic;
(g) General description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged;
(h) The nature and concentration of any pollutants in the discharge which are limited by any city, state or national categorical pretreatment standards, and a statement regarding whether or not the categorical pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance and/or additional pretreatment is required for the user to meet applicable categorical pretreatment standards, the statement must be reviewed by an authorized representative of the user and certified to by a qualified professional;
(i) If additional pretreatment and/or operation and maintenance will be required to meet the categorical pretreatment standards or pretreatment requirements, the industrial user shall submit the shortest schedule by which the user will provide additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable categorical pretreatment standard:
1. 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 industrial user to meet the applicable categorical pretreatment standards or pretreatment requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and the like). No increment shall exceed nine months.
2. No later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Superintendent including, as a minimum, whether or not the industrial user complied with the increment of progress to be met on the date and, if not, the date on which the industrial user expects to comply, the reason for the delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between the progress reports to the Superintendent.
(j) Each product produced by type, amount, process or processes and rate or production;
(k) Type and amount of raw materials processed (average and maximum per day);
(l) Number of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(m) Copy of any environmental control permits held by or for the facility; and
(n) Any other information as may be deemed by the city to be necessary to evaluate the permit application.
(3) All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:
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.
(4) The city will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided herein.
(B) Modifications. As soon as possible, and no longer than 90 days subsequent to a change of national categorical pretreatment standards or pretreatment requirements, the wastewater discharge permit of industrial users subject to the standards or requirements shall be revised to require compliance with the standards within the time frame prescribed by the standards. Where an industrial user subject to national categorical pretreatment standards or pretreatment requirements has not previously submitted an application for a wastewater discharge permit, the industrial user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standards or pretreatment requirements. In addition, the industrial user with an existing wastewater discharge permit shall submit to the Superintendent within 180 days after the promulgation of applicable national categorical pretreatment standards or pretreatment requirements the information required by divisions (A)(1)(h) and (i) above.
(C) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:
(1) The schedule of charges and fees as listed in § 52.139 for the wastewater to be discharged to the POTW;
(2) Limits on the average and 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) Requirements for installation and maintenance of pretreatment facilities;
(6) Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule. All sampling and analysis must be conducted in accordance with the procedures specified in 40 C.F.R. Part 136. Pursuant to 40 C.F.R. § 403.12(g), if sampling indicates a violation, the user must notify the city within 24 hours of becoming aware of the violation. The user must also resample and submit results of this resampling to the city within 30 days. Resampling by the industrial user is not required if the city performs sampling at the user’s facility at least once a month, or if the city performs sampling at the user’s facility between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the industrial user;
(7) Compliance schedules; all industries shall develop compliance schedules when required;
(8) Requirements for submission of technical reports or discharge reports;
(9) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording city access thereto;
(10) Requirements for prior notification to 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 POTW;
(11) Requirements for notification of slug discharges as per § 52.147;
(12) Requirements to control slug discharges, if determined by the Superintendent to be necessary;
(13) A statement of duration;
(14) A statement of nontransferability;
(15) A statement of applicable civil and criminal penalties;
(16) Baseline monitoring reports, 90-day compliance reports and periodic compliance reports from categorical industrial users must be signed by an appropriate official of the user and contain the certification statement from 40 C.F.R. § 403.6(a)(2)(ii) which attests to the integrity of the analytical data submitted; and
(17) Other conditions as deemed appropriate by the city to ensure compliance with this subchapter.
(D) Permit duration. Permits shall be issued for a period of up to three years. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the industrial user’s existing 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 as identified in this subchapter are modified or as other just causes exist. The industrial user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(E) Permit transfer. Wastewater discharge permits are issued to a specific industrial 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. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(1999 Code, § 101.11) (Ord. 2542, passed 9-27-2016; Ord. 2558, passed 11-28-2017) Penalty, see §
52.999