(A) Identification and permitting of POTW users. The city will distinguish between residential, commercial, and industrial users of the POTW. Any industrial user classified as a significant industrial user will be notified in writing and required to apply for a wastewater contribution permit. Any other industrial or commercial user with a discharge to the POTW that exceeds any pollutant parameter concentration or value described in § 51.041(B)(1) of this chapter as representative of background sewage may be required by the city to apply for a wastewater contribution permit. Residential users will not be required to apply for wastewater contribution permit.
(B) Permit provisions. A new wastewater contribution permit will be issued, or an existing wastewater contribution permit will be re-issued, by the WWTP Superintendent subject to the following:
(1) The user requesting to be permitted shall have submitted to the city a complete and up-to-date user survey and industrial waste questionnaire pursuant to § 51.020. A user subject to national categorical pretreatment standards shall also have submitted to the city a complete and up-to-date baseline monitoring report and 90-day compliance report, where applicable, pursuant to § 51.042.
(2) The user requesting to be permitted shall have submitted to the city a complete and up-to-date permit application on a form furnished by the city, and have paid any required fees. Users with an existing wastewater contribution permit shall submit a complete and up-to-date permit application at least 90 days prior to the existing permit’s expiration date.
(3) The user requesting to be permitted shall not have any outstanding sewer charges, fees, surcharges, or fines.
(4) The user requesting to be permitted shall have furnished any additional information requested by the WWTP Superintendent.
(5) The city may reject a discharge to the POTW and deny a wastewater contribution permit for any reason it deems appropriate. The WWTP Superintendent will evaluate the data furnished by the user and determine whether or not to accept the discharge. If the discharge is to be accepted, the WWTP Superintendent will determine whether or not a wastewater contribution permit is required. The user will be notified of these decisions in writing.
(6) All wastewater contribution permits will contain the following conditions at a minimum:
(a) User name, discharging facility location, and mailing address;
(b) Date on which the permit is effective, but not before the date of issue;
(c) Date on which the permit will expire, but not more than five years after the effective date;
(d) Conditions for applying for permit renewal;
(e) Signature of WWTP Superintendent and issue date;
(f) Applicable limits for discharge to the POTW;
(g) Required sample types;
(h) Required monitoring frequencies;
(i) Description of specific sampling locations;
(j) Average flow, and other conditions as appropriate, used to develop the permit conditions;
(k) Reporting, notification, and record keeping requirements;
(l) Statement that permit is not transferable without prior notification to the city;
(m) Statement that compliance with permit does not relieve the user of its obligation to comply with all applicable Federal, state, and local pretreatment standards and requirements, or with any other requirements of Federal, state, and local law;
(n) Statement that noncompliance with conditions of the permit may be deemed a violation of this chapter and subject to enforcement remedies established herein; and
(o) Identification of applicable civil and criminal penalties for violations.
(7) A wastewater contribution permit may also contain the following conditions where deemed appropriate by the WWTP Superintendent:
(a) Requirements of an applicable national categorical pretreatment standard;
(b) Limits on average or maximum discharge flow to the POTW;
(c) Limits on time or season of discharge to the POTW;
(d) Requirements for flow or pollutant equalization;
(e) Requirements for a pollutant minimization plan;
(f) Requirements for a slug discharge control plan;
(g) Requirements of an applicable BMP;
(h) Requirements for pretreatment and/or sampling equipment;
(i) Compliance schedules;
(j) Performance bond and/or liability insurance; and
(k) Other conditions considered necessary to ensure compliance with this chapter.
(8) Upon issue of a renewed wastewater contribution permit, the existing permit becomes void on the effective date of the new permit.
(C) Permit appeals. Within 30 days of any action by the WWTP Superintendent on a wastewater contribution permit, the permitted user or any other person may petition to the Wastewater Board of Appeals pursuant to § 51.083 of this chapter. Failure to submit a timely petition for reconsideration will result in waiver of this right of appeal. In its petition, the appealing party must indicate the specific permit provisions objected to, the reasons for this objection, and any alternative condition it seeks to be placed in the permit. The wastewater contribution permit, including the provisions objected to, will not be stayed pending resolution of the petition for reconsideration. If the Wastewater Board of Appeals fails to act within 90 days, the petition for reconsideration will be considered denied. A decision by the Wastewater Board of Appeals to not issue a wastewater contribution permit, to not reconsider conditions of a wastewater contribution permit, or to not modify a wastewater contribution permit will be considered the city’s final administrative action. Further appeal of this decision will be governed by applicable state law.
(D) Unless authorized otherwise by the WWTP Superintendent, a wastewater contribution permit shall be void upon cessation of operations by the permitted user or transfer of business ownership. The WWTP superintendent may, but is not obligated to, approve a permit transfer to a new owner or operator if the existing permitted user provides a notice at least 90 days prior to the business ownership transfer. This notice of pending transfer shall include a written certification by the new owner/operator that states it has no immediate intent to change the facility’s operations and processes, identifies the specific date on which the business ownership transfer is to occur, and acknowledges full responsibility for complying with the existing wastewater contribution permit. Failure to provide a timely notice of pending transfer shall render the existing permit void as of the date of business ownership transfer.
(E) Permit revision or revocation. The following conditions apply to revision and reissuance of an issued wastewater contribution permit, and revocation of an issued wastewater contribution permit:
(1) The WWTP Superintendent may revise an issued wastewater contribution permit for good cause, including the following:
(a) Misrepresentation, or failure to fully disclose all relevant facts, in the permit application or associated reporting;
(b) Violation of any terms or conditions of the permit including discharge limits, reporting requirements, and compliance schedules;
(c) Transfer of the permitted user’s facility to a new owner or operator;
(d) Address changes or additions to the user’s operation, processes, discharge flow to the POTW, or concentrations or values of pollutants discharged to the POTW since issuance of the existing permit;
(e) New information indicating that the permitted discharge poses an threat to POTW pass through or interference, sludge contamination, worker health and safety, or the general public;
(f) Incorporate new or revised Federal, state, or local pretreatment standards and requirements;
(g) A change in the POTW that necessitates either a temporary or permanent modification of the permitted discharge;
(h) Correct typographical errors or other omissions in the wastewater contribution permit; and
(i) Other conditions which the WWTP Superintendent determines to warrant permit revision.
(2) The WWTP Superintendent may revoke an issued wastewater contribution permit for good cause, including the following:
(a) Misrepresentation, or failure to fully disclose all relevant facts, in the permit application and/or associated reporting;
(b) Violation of any terms or conditions of the permit including discharge limits, reporting requirements, and compliance schedules;
(c) Failure to provide required advance notice of business ownership transfer for the permitted facility;
(d) Failure to provide required notifications, including notice of changed conditions or notice of potential problems;
(e) Refusal to allow timely access to the facility for city surveillance activities;
(f) Failure to submit a completed renewal application by required date prior to the existing permit’s expiration;
(g) Failure to pay applicable sewer charges, fees, surcharges, or fines;
(h) Tampering with monitoring equipment or falsifying self-monitoring reports; or
(i) Other conditions which warrant permit revocation.
(Ord. 333, passed 5-16-16)