§ 53.109  PERMIT ISSUANCE, DENIAL, OR DETERMINATION THAT PERMIT NOT REQUIRED.
   (A)   The POTW shall evaluate the application information furnished by a user and may require additional information as necessary to complete and properly review the application. No action shall be taken by the POTW on an application (and the 120-day review period as provided by this division (A) shall not begin to run) until the application is determined to be complete by the POTW Manager. Within 120 days after the submission of a complete application (unless the POTW and the applicant agree to extend this time period), the POTW shall either issue a user permit subject to terms and conditions provided by this chapter, deny the application, or determine that a permit is not required as provided by this chapter.
   (B)   A user permit may be denied by the POTW:
      (1)   If the POTW determines that the proposed discharge, or continued discharge, will not comply with all applicable standards and requirements of this chapter;
      (2)   If the user refuses, fails, or declines to accept the terms and conditions of a permit as proposed to be issued by the POTW;
      (3)   For any reason that would support a suspension or revocation of the permit as provided by this chapter;
      (4)   If the POTW determines that the POTW cannot adequately or reasonably treat the user’s discharge (due to insufficient capacity, the quality or quantity of the pollutants, available POTW resource, and the like);
      (5)   If the POTW is not satisfied that the user has not taken all reasonable steps to prevent, minimize, or reduce pollutants in the user’s discharge;
      (6)   To prevent the discharge of pollutants into the POTW, singly or in combination with other pollutants, for which there is a reasonable potential, as determined by the POTW Manager, to:
         (a)   Not meet applicable pretreatment standards and requirements;
         (b)   Interfere with the operation of the POTW;
         (c)   Pass-through the POTW into the receiving waters or the atmosphere;
         (d)   Inhibit or disrupt the POTW’s processing, use, or disposal of sludge;
         (e)   Cause health or safety problems for POTW workers; or
         (f)   Result in a violation of the POTW’s NPDES permit or of other applicable laws and regulations.
      (7)   If the POTW determines that there is not, or will not be, sufficient capacity available (in both wastewater volume and strength) for a proposed discharge in all downstream sewers, pump stations, interceptors, and force mains including, but not limited to, adequate capacity to accept, treat, and dispose of BOD, TSS, or similar materials as required by applicable local, state, or federal laws, rules, or regulations; or
      (8)   For any other reason determined by the POTW Manager as necessary and appropriate to protect the POTW or to meet the purposes and intent of this chapter.
(Ord. 2009-5, passed 7-20-2009)