§ 53.05  WASTEWATER DISCHARGE PERMITS.
   (A)   Wastewater survey. When requested by the control authority, 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 control authority 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 this chapter.
   (B)   Wastewater discharge permit requirement.
      (1)   It shall be unlawful for any significant industrial user to discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the control authority. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in § 53.10. 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 control authority may require other industrial users, including liquid waste haulers, grease traps, and oil/water separators to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
   (C)   Wastewater discharge permitting existing connections. Any significant industrial user, which discharges industrial waste into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the Town for a wastewater discharge permit in accordance with division (F) of this section, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the control authority, or in the case a valid permit exists and does not violate any part of this chapter, shall not have to re-apply until the permit expiration date.
   (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 60 days prior to the date upon which any discharge will begin. The application must be accompanied by the appropriate fee, and because of the review process required, such fee shall be nonrefundable regardless of the determination regarding issuance of a permit.
   (E)   Wastewater discharge permitting extra jurisdictional industrial users.
      (1)   Any existing significant industrial user located beyond the Collierville limits and discharging in the Collierville sewer system shall submit a wastewater discharge permit application, in accordance with division (F) below, within 90 days of the effective date of this chapter, or in the case a valid permit exists and does not violate any part of this chapter, shall not have to re-apply until the permit expiration date. New significant industrial users located beyond the Collierville municipal limits shall submit such applications to the control authority at least 60 days prior to any proposed discharge into the POTW.
      (2)   Alternately, the control authority may enter into an agreement with the neighboring jurisdiction in which the significant industrial user is located to provide for the implementation and enforcement of pretreatment program requirements against said industrial user.
   (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 as follows. The control authority 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 process 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 operation of the industry;
         (c)   Each product produced by type, amount, process, and rate of production;
         (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)   The amount, storage and disposal of any hazardous waste on site, or generated by the industry;
         (h)   Any BMPs; and
         (i)   Any other information as may be deemed necessary by the control authority to evaluate the wastewater discharge permit application.
      (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 and industrial user reports submitted to the Town must 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 fines and imprisonment for knowing violations."
   (H)   Wastewater discharge permit decisions. The control authority will evaluate the data furnished by the industrial user and may require additional information. Within 60 days of receipt of a completed wastewater discharge permit application, the control authority will determine whether or not to issue a wastewater discharge permit. The control authority may deny any application for a wastewater discharge permit.
   (I)   Wastewater discharge permit duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the control authority. Each wastewater discharge permit will indicate a specific date upon which it will expire.
   (J)   Wastewater discharge permit contents. Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the control authority to prevent pass-through, interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the POTW.
      (1)   Wastewater discharge permits must contain the following conditions:
         (a)   Statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
         (b)   Statement that the wastewater discharge permit is nontransferable without prior notification and approval from the control authority, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
         (c)   Effluent limits, including best management practices, applicable to the user based on applicable standards in federal, state and local law;
         (d)   Self-monitoring, sampling, reporting, and notification, requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;
         (e)   Statements of applicable civil, administrative, and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;
         (f)   Requirements to control slug discharge and immediate notification to the control authority of changes at the facility affecting the potential to slug discharge;
         (g)   Statement prohibiting dilution as a substitute for treatment;
         (h)   Statement requiring all industrial users to promptly notify the control authority in advance of any substantial change in the volume or the character of the pollutants in their discharge, including the listed or hazardous wastes which the industrial user submitted under Tenn. Rule 0400-40-14-.12(16);
         (i)   Statement on user's record keeping requirements. All users subject to reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring  activities undertaken by the user independent of such requirements, and documentation associated with best management practices. Records for all samples shall include the date, exact place, method of sampling, time of sample, who performed the analyses, the analytical techniques or methods used, and the results of such analyses. These records shall remain available for a period of at least three years. The period shall be automatically extended for the duration of any litigation concerning the user or the control authority, or where the user has been specifically notified of a longer retention period by the control authority or the approval authority;
         (j)   Statement that if sampling performed by a user indicates a violation, the user shall notify the control authority within 24-hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation;
         (k)   Statement for all significant industrial users requiring periodic compliance reports. The reports must be submitted to the control authority at least once every six months on the dates in the permit. The report shall follow Tenn. Rule 0400-40-14-.12(8);
         (l)   Reporting requirements for industrial users upon effective date of categorical pretreatment standard - base line report per Tenn. Rule 0400-40-14-. 12(2);
         (m)   Requirement for industrial user to notify the control authority, EPA Regional Waste Management Division, and the state hazardous waste authorities in writing of any discharge of a substance, which, if otherwise disposed of, would be a hazardous waste under Tenn. Rule 0400-12-01. This includes the reporting requirements in § 53.06 (P); and
         (n)   A copy of the Town's "Enforcement Response Plan" and a statement giving the control authority the legal authority to enforce the Enforcement Response Plan.
      (2)   Wastewater discharge permits may contain, but need not be limited to, the following:
         (a)   Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulations and equalization;
         (b)   Limits on the instantaneous, daily and monthly average, and/or maximum concentration, mass or other measure of identified wastewater pollutants or properties;
         (c)   Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
         (d)   Development and implementation of spill control plans, total toxic organics control plans, or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
         (e)   Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
         (f)   The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW;
         (g)   Requirements for installation and maintenance of inspection and sampling facilities and equipment;
         (h)   A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit;
         (i)   Categorical industrial users and significant industrial users will submit documentation to show compliance with BMPs. These documents shall be retained for at least three years;
         (j)   Requirement for a compliance schedule for meeting categorical pretreatment standards following Tenn. Rule 0400-40-14-.12(3);
         (k)   Requirement for a report on compliance with categorical pretreatment standard deadline (90 days) following Tenn. Rule 0400-40-14-.12(4);
         (l)   Requirement for periodic reports on continued compliance for any industrial user subject to a categorical pretreatment standard following Tenn. Rule 0400-40-14-.12(5); or
         (m)   Other conditions as deemed appropriate by the control authority to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
   (K)   Wastewater discharge permit sampling.
      (1)   The control authority will specify the frequency, number, and type of samples required in the discharge permit.
      (2)   Sample monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. Failure to keep monitoring or flow measurement facilities in good working order shall not be grounds to claim that the sample results are unrepresentative of the discharge.
      (3)   Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.
         (a)   Except as indicated below, wastewater samples must be collected using the 24-hour flow-proportional composite sampling technique, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organic and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
         (b)   Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides and volatile organic compounds must be obtained using grab collection techniques.
         (c)   For sampling required in support of baseline monitoring and 90-day compliance reports required in Section 6.1 and 6.3 [Tenn. Rule 0400-40-14-.12(2) and (4)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control authority may authorize a lower minimum. For the reports required by paragraphs Section 6.4 [Tenn. Rule 0400-40-14-.12(5) and (8)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
         (d)   If sampling performed by a user indicates a violation, the user shall notify the control authority within 24-hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation.
         (e)   If any industrial user subject to reporting requirements of this chapter monitors or samples for any regulated pollutant at the appropriate sampling location more frequently than required by the control authority the results of this monitoring or sampling and the methods used shall be reported to the control authority.
   (L)   Wastewater discharge permit modification.
      (1)   The control authority may modify the wastewater discharge permit for good cause including, but not limited to, the following:
         (a)   To incorporate any new or revised federal, state, or local pretreatment standards, requirements, or BMPs;
         (b)   To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
         (c)   A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
         (d)   Information indicating that the permitted discharge poses a threat to the POTW, POTW personnel, or the receiving waters;
         (e)   Violation of any terms or conditions of the wastewater discharge permit;
         (f)   Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit applications or in any required reporting;
         (g)   Revision of or a grant of variance from categorical pretreatment pursuant to 40 CFR 403.13;
         (h)   To correct typographical or other errors in the wastewater discharge permit; and
         (i)   To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
      (2)   The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.
   (M)   Wastewater discharge permit transfer. Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 30 days advance notice to the control authority and the control authority approves the wastewater discharge permit transfer by written consent. The notice to the control authority must include a written certification by the new owner and/or operator which:
      (1)   States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
      (2)   Identifies the specific date on which the transfer is to occur; and
      (3)   Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer.
   (N)   Wastewater discharge permit revocation.
      (1)   Wastewater discharge permits may be revoked for the following reasons:
         (a)   Failure to notify the Town of significant changes to the wastewater prior to the changed discharge;
         (b)   Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
         (c)   Falsifying self-monitoring reports;
         (d)   Tampering with Town monitoring equipment;
         (e)   Refusing to allow the Town timely access to the facility premises and records;
         (f)   Failure to meet effluent limitations;
         (g)   Failure to pay fines, sewer charges and/or any other appropriate fees or charges;
         (h)   Failure to meet compliance schedules;
         (i)   Failure to complete a wastewater survey or the wastewater discharge permit application;
         (j)   Failure to provide advance notice of the transfer of a permitted facility; or
         (k)   Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
      (2)   Wastewater discharge permits shall be voidable upon non-use, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon issuance of a new wastewater discharge permit.
   (O)   Wastewater discharge permit reissuance. All industrial users shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application a minimum of 60 days prior to the expiration of the industrial user's existing wastewater discharge permit.
(`83 Code, § 13-205)  (Am. Ord. 2017-07, passed 5-8-17)