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(1) is not qualified under Section 49-46(f);
(2) has violated a provision of this article, the permit, or any administrative order;
(3) has failed to pay a fee required by this chapter;
(4) has failed to comply with applicable federal pretreatment standards and requirements;
(5) has failed to comply with the compliance schedule submitted pursuant to Section 49-46(f)(2);
(6) has failed to comply with procedures for developing, maintaining, or delivering manifest records required to be developed, maintained, or delivered pursuant to this article, Chapter 19, Article X of this code, or state or federal laws or regulations for the transfer, transportation, or disposal of industrial waste; or
(7) has falsified or improperly altered manifest records required to be developed, maintained, or delivered pursuant to this article, Chapter 19, Article X of this code, or state or federal laws or regulations for the transfer, transportation, or disposal of industrial waste.
(b) Reinstatement. After suspension under this section, a permittee may file a request for reinstatement of the permit. The director shall reinstate the permit if the director determines that:
(1) the permittee is again qualified under Section 49-46(f);
(2) all violations of this article and applicable federal pretreatment standards and requirements have been corrected;
(3) precautions have been taken by the permittee to prevent future violations; and
(4) all fees required by this chapter have been paid.
(c) New permit after revocation. If the director revokes a permit, the permittee may not apply for or be issued a new permit for the same facility earlier than 180 days after the date of revocation of the old permit, except that, if, subsequent to the revocation, the director determines that all of the conditions prescribed in Section 49-46(c) and (f) and Section 49-47(b) are completely satisfied, the permittee may apply for and the director may issue a new permit before the 180-day period expires.
(d) Discharge without permit. A permittee whose permit is suspended or revoked shall not discharge industrial waste into the wastewater system.
(e) Amending a permit. The director may amend a permit with additional requirements to ensure compliance with applicable laws and regulations. (Ord. Nos. 19201; 21409; 26925; 28084)
(a) Operation and maintenance of pretreatment facilities. When pretreatment of industrial waste is required by the director as a condition for acceptance of the waste into the wastewater system, the owner of the premises from which the waste is discharged must operate and maintain treatment facilities in a manner capable of complying with applicable discharge standards.
(b) Best management practices. The director may develop BMPs and require a person discharging to the wastewater system to adopt and implement such BMPs, source reduction, and pollution prevention practices if necessary to protect the wastewater system.
(c) Septage and chemical toilet waste.
(1) No transported septage or chemical toilet waste may be discharged into the wastewater system except at such locations and at such times as are established by the director.
(2) The director may collect samples of each transported load to ensure compliance with applicable standards. The director may also require the transporter to provide a waste analysis of any load prior to discharge.
(3) Article X of Chapter 19 of this code provides additional regulations for the production, transportation, and disposal of liquid waste.
(d) Disposal of trucked industrial solid waste.
(1) In order to ensure that trucked industrial solid waste is not being discharged into the wastewater system, the director may require an industrial user who generates such waste to report the type and amount of the waste, and the location and manner of its disposal as specified in Section 49-51(i).
(2) An industrial user commits an offense if the user fails to provide the reports requested by the director pursuant to Subsection (d)(1) of this section.
(e) Dilution. No owner, operator, or permittee of premises shall ever increase the use of process water, or in any way attempt to dilute a discharge, unless expressly authorized by an applicable pretreatment standard or requirement. The director may impose mass limitations on industrial users who are using dilution to meet applicable pretreatment standards or requirements.
(f) Bypass.
(1) Bypasses that do not violate pretreatment standards. An industrial user may allow any bypass to occur that does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation. These bypasses are not subject to the provisions of Subsection (f)(2) of this section.
(2) Bypasses that violate pretreatment standards.
(A) If the need for a bypass is known in advance, the industrial user shall provide notice to the director 10 days prior to the bypass. In the event of an unanticipated bypass, oral notice must be provided to the director within 24 hours after the industrial user becomes aware of the bypass. In addition to the oral notice, written notice must be provided to the director within five days of the time the industrial user becomes aware of the bypass, unless waived by the director. The written notice must contain the following:
(i) A description of the bypass and its cause.
(ii) The duration of the bypass, including exact dates and times.
(iii) If the bypass has not been corrected, the anticipated time it is expected to continue.
(iv) Steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.
(B) The director may take an enforcement action against an industrial user for a bypass that violates pretreatment standards, unless all of the following apply:
(i) The bypass was necessary in order to prevent loss of life, personal injury, or severe property damage.
(ii) There was no feasible alternative to the bypass. The director shall find that a feasible alternative existed if, in the exercise of reasonable engineering judgment, adequate back-up equipment should have been installed to prevent the bypass.
(iii) The industrial user submitted notices as required under Paragraph (2)(A) of this subsection.
(C) The director may approve an anticipated bypass, after considering its adverse effects, if the director finds that all three conditions listed in Paragraph (2)(B) of this subsection have been satisfied. (Ord. Nos. 19201; 19622; 20215; 20335; 22927; 26925; 27698; 28084; 31480)
(a) Excessive BOD/TSS concentrations. A person discharging into the wastewater system industrial waste that exhibits none of the characteristics of wastewater prohibited in Section 49-43(b), but that has a concentration for a duration of 15 minutes that is greater than four times that of normal wastewater as measured by total suspended solids, BOD, or both or a concentration during a 24 hour period average of total suspended solids, BOD, or both in excess of normal wastewater, shall pretreat the industrial waste to meet the concentrations of normal wastewater; except, that the industrial waste may be accepted in the wastewater system for treatment by the city if all the following requirements are met:
(1) The industrial waste will not cause damage to the wastewater system.
(2) The industrial waste will not impair the city’s treatment processes.
(3) The BOD or total suspended solids concentration of industrial waste discharged does not cause the average BOD or total suspended solids of wastewater received at the wastewater treatment plant to increase above 250 mg/L.
(b) Sampling fees for determining compliance. A person determined to be discharging industrial waste must compensate the city for the cost of sampling and laboratory service expense required for monitoring the discharges for compliance with this article and applicable standards of the EPA. The director shall determine the number of samples and the frequency of sampling necessary to maintain surveillance of the discharges, provided that at least two sampling events will be conducted each calendar year.
(c) Sampling fees for industrial surcharge. A person discharging concentrations of BOD or total suspended solids in excess of 250 mg/L shall compensate the city for the cost of sample collections and laboratory service necessary when an industrial surcharge rate is established each year. This subsection does not apply to a waste management operator, or to a discharger who is billed under Section 49-50. (Ord. Nos. 19201; 21430; 21409; 26925; 28084)
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