(A) Applications for discharge of domestic wastewater.
(1) All users or prospective users which generate domestic wastewater shall make application to the City Manager for written authorization to discharge to the municipal wastewater treatment system. Applications shall be required from all new dischargers as well as for any existing discharger desiring additional service. Connection to the municipal sewer shall not be made until the application is received and approved by the City Manager, the building sewer is installed in accordance with § 18-202 of this chapter, and an inspection has been performed by the City Manager or his or her representative.
(2) The receipt by the city of a prospective customer's application for service shall not obligate the city to render the service. If the service applied for cannot be supplied in accordance with this chapter and the city's rules and regulations and general practice, the connection charge will be refunded in full, and there shall be no liability of the city to the applicant for the service, except that conditional waivers for additional services may be granted by the City Manager for interim periods if compliance may be assured within a reasonable period of time.
(B) Industrial wastewater discharge permits.
(1) General requirements. All industrial users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing industrial users connected to or contributing to the POTW shall obtain a wastewater discharge permit within 60 days after the effective date of this chapter.
(2) Applications. Applications for wastewater discharge permits shall be required as follows.
(a) Users required to obtain a wastewater discharge permit shall complete and file with the City Manager an application in the form prescribed by the City Manager and accompanied by the appropriate fee. Existing users shall apply for a wastewater discharge permit within 60 days after the effective date of this chapter, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW.
(b) The application shall be in the prescribed form of the city and shall include, but not be limited to the following information: name, address and SIC number of applicant; wastewater volume; wastewater constituents and characteristics; discharge variations - daily, monthly, seasonal and 30-minute peaks; a description of all toxic materials handled on the premises; site plans, floor plans, mechanical and plumbing plans and details showing all sewers and appurtenances by size, location and elevation; a description of existing and proposed pretreatment and/or equalization facilities and any other information deemed necessary by the City Manager.
(c) Any user who elects or is required to construct new or additional facilities for pretreatment shall, as part of the application for wastewater discharge permit, submit plans, specifications and other pertinent information relative to the proposed construction of the City Manager for approval. Plans and specifications submitted for approval must bear the seal of a professional engineer registered to practice engineering in the state. A wastewater discharge permit shall not be issued until the plans and specifications are approved. Approval of the plans and specifications shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter.
(d) 1. If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the application shall include a compliance schedule as follows.
a. 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and the like).
b. No increment referred to in division (B)(2)(d)1.a. above shall exceed nine months.
c. 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 City Manager including, at a minimum, whether or not it complied with the increment of progress to be met on the date and, if not, the date on which it expects to comply with this increment of progress, the reason for 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 City Manager.
2. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. For the purpose of this paragraph, "pretreatment standard", shall include either a national pretreatment standard or a pretreatment standard imposed by § 18-206 of this chapter.
(e) The city will evaluate the data furnished by the 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.
(f) The receipt by the city of a prospective customer's application for a wastewater discharge permit shall not obligate the city to render the wastewater collection and treatment service. If the service applied for cannot be supplied in accordance with this chapter or the city's rules and regulations and general practice, the application shall be rejected and there shall be no liability of the city to the applicant for the service.
(g) The City Manager will act only on applications containing all the information required in this section. Persons who have filed incomplete applications will be notified by the City Manager that the application is deficient and the nature of the deficiency and will be given 30 days to correct the deficiency. If the deficiency is not corrected within 30 days or within the extended period as allowed by the City Manager, the City Manager shall deny the application and notify the applicant in writing of the action.
(3) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:
(a) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(b) Limits on the average and maximum wastewater constituents and characteristics;
(c) Limits on the average and maximum rate and time of discharge or requirements for flow regulation and equalization;
(d) Requirements for installation and maintenance of inspection and sampling facilities;
(e) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
(f) Control through permit, order, or similar means, the contribution to the POTW by each user to ensure compliance with applicable pretreatment standards and requirements. In the case of users identified as significant under 40 C.F.R. § 403.3(t), this control shall be achieved through permits or equivalent individual control mechanisms issued to each the user. The control mechanisms must be enforceable and contain, at a minimum, the following conditions:
1. Statement of duration (in no case more than five years);
2. Statement of non-transferability without, at a minimum, prior notification to the POTW and provision of a copy of the existing control mechanism to the new owner or operator;
3. Effluent limits based on applicable general pretreatment standards in C.F.R. part 403, categorical pretreatment standards, local limits and state and local law;
4. Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency and sample type, based on the applicable general pretreatment standards in part 403 of this chapter, categorical pretreatment standards, local limits and state and local law; and
5. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. The schedules may not extend the compliance date beyond applicable federal deadlines.
(g) Requirements for submission of technical reports or discharge reports;
(h) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto:
1. If sampling performed by user indicates a violation, the user shall notify the city 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 city within 30 days after becoming aware of the violation, except the user is not required to resample if:
a. The city performs sampling at the user at a frequency of at least once per month; or
b. The city performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
2. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the city, using the procedures prescribed in this section, the results of this monitoring shall be included in the report.
(i) Requirements for notification of 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 wastewater treatment system;
(j) Requirements for notification of slug discharges; and
(k) Other conditions as deemed appropriate by the city to ensure compliance with this chapter.
(4) Permit modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to the standards shall be revised to require compliance with the standard within the time frame prescribed by the standard. A user with an existing wastewater discharge permit shall submit to the City Manager within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required by division (B)(2) above. The terms and conditions of the permit may be subject to modification by the City Manager during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in this permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(5) Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit.
(6) Permit transfer. 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 without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(7) Revocation of permit. Any permit issued under the provisions of this chapter is subject to be modified, suspended or revoked in whole or in part during its term for cause including, but not limited to, the following:
(a) Violation of any terms or conditions of the wastewater discharge permit or other applicable federal, state or local law or regulation;
(b) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;
(c) A change in any condition that requires either a temporary or permanent discharge; and
(d) Intentional failure of a user to accurately report the discharge constituents and characteristics or to report significant changes in plant operations or wastewater characteristics.
(C) Confidential information.
(1) All information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or any other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City Manager that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(2) When requested by the person furnishing the report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for use related to this chapter or the city's or user's NPDES permit. Provided, however, that, the portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
(3) Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the City Manager as confidential shall not be transmitted to any governmental agency or to the general public by the City Manager until and unless prior and adequate notification is given to the user.
(1989 Code, § 18-205)