(A) Application for exception.
(1) Non-residential users of the POTW may apply for a temporary exception to the restrictive wastewater discharge criteria listed in § 50.055 of this chapter. Exceptions can be granted according to the following guidelines.
(2) The Mayor shall allow applications for temporary exceptions at any time. However, the Mayor shall not accept an application if the applicant has submitted the same or substantially similar application within the preceding year and the same has been denied by the City. All applications for an exception shall be in writing and shall contain sufficient information for evaluation of each of the factors to be considered by the City in its review of the application.
(B) Conditions.
(1) All exceptions granted under this subchapter shall be temporary and subject to revocation at any time by the Superintendent upon reasonable notice.
(2) The user requesting the exception must demonstrate to the City that he is making a concentrated and serious effort to maintain high standards of operation control and housekeeping levels, etc., so that discharges to the POTW are being minimized. If negligence is found, permits will be subject to termination. The user requesting the exception must demonstrate that compliance with stated concentration and quantity standards is technically or economically unfeasible and the discharge, if accepted, will not:
(a) Interfere with the normal collection and operation of the wastewater treatment system;
(b) Limit the sludge management alternatives available and increase the cost of providing adequate sludge management;
(c) Pass through the POTW in quantities and/or concentrations that would cause the Henderson POTW to violate its NPDES permit.
(3) The user must show that the exception, if granted, will not cause the discharger to violate its enforced federal pretreatment standards unless the exception is granted under the provisions of the applicable pretreatment regulations.
(4) A surcharge shall be applied to any exception granted under this subchapter. These surcharges shall be applied for that concentration of the pollutant for which the variance has been granted in excess of the concentration stipulated in this chapter based on the average daily flow of the user.
(C) Review of application by the City.
(1) All applications for an exception shall be reviewed by the Mayor and the Henderson Water and Sewer Department. If the application does not contain sufficient information for complete evaluation, the Mayor shall notify the applicant of the deficiencies and request additional information. The applicant shall have thirty (30) days following notification by the Mayor to correct such deficiencies. This thirty (30) day period may be extended by the City upon application and for just cause shown. Upon receipt of a complete application, the Mayor shall evaluate same within thirty (30) days and shall submit his recommendations to the City at its next regularly scheduled meeting.
(2) The City shall review and evaluate all applications for exceptions and shall take into account the following factors:
(a) Whether or not the applicant is subject to a National Pretreatment Standard containing discharge limitations more stringent than those on the issued permit and grant an exception only if such exception may be granted within limitations of applicable federal regulations;
(b) Whether or not the exception would apply to discharge of a substance classified as a toxic substance under regulations promulgated by the Environmental Protection Agency under the provisions of Section 307(a) of the Act (33 U.S.C. 1317), and then grant an exception only if such exception may be granted within the limitations of applicable federal regulations;
(c) Whether or not the granting of an exception would create conditions that would reduce the effectiveness of the treatment works taking into consideration the concentration of said pollutant in the treatment works influent and the design capability of the treatment works;
(d) Whether or not the City of Henderson's treatment facility is willing to accept the wastewater from the applicant;
(e) The cost of pretreatment or other types of control techniques which would be necessary for the user to achieve effluent reduction, but prohibitive costs alone shall not be the basis for granting the exception;
(f) The age of equipment and industrial facilities involved to the extent that such factors affect the quality or quantity of wastewater discharge;
(g) The process employed by the user and process changes available which would affect the quality or quantity of wastewater discharge;
(h) The engineering aspects of various types of pretreatment or other control techniques available to the user to improve the quality or quantity of wastewater discharge.
(Ord. passed 12-5-91)