§ 53.140 NOTICE BY USER OF CHANGED DISCHARGE OR CHANGE IN USER STATUS.

   (A)   A non-domestic user shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in its discharge, or of any facility expansion, production increase, or process modifications that could result in a substantial change in the volume or character of pollutants in its discharge.

   (B)   For purposes of this section, PROMPTLY means as soon as reasonably possible, but in no event less than 60 days before the change.

   (C)   For purposes of this section, SUBSTANTIAL CHANGE includes, without limitation, any of the following:

      (1)   The discharge of any amount of a pollutant not identified in the user’s permit application or in the permit issued;

      (2)   An increase in concentration (or degree) of any pollutant that exceeds 10% of the concentration (or degree) for the pollutant as indicated in any report required under §§ 53.136 or 53.137;

      (3)   An increase in discharge volume that exceeds 10% of the volume as indicated in any report required under §§ 53.136 or 53.137;

      (4)   Any increase in the amount of any hazardous wastes discharged including, without limitation, the hazardous wastes for which the user has submitted initial notification under § 53.141;

      (5)   The discharge of any groundwaters purged for a removal or remedial action;

      (6)   The discharge of any pollutants that are present in the discharge due to infiltration;

      (7)   A change in discharge that may convert a non-domestic user into a significant industrial user, or a non-domestic user into a categorical user; and/or

      (8)   A change in discharge that would cause a change in the categorical standards that apply to the user.

   (D)   In determining whether to accept any changed discharge, or, if so, under what conditions, the POTW shall evaluate the changed discharge pursuant to the general and specific discharge prohibitions under § 53.085 and other applicable provisions of this chapter. The user may be required to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a user permit application.

   (E)   No user shall implement the planned changed conditions until and unless the POTW Manager or his or her designee has responded to the user’s notice.

   (F)   This section shall not be construed to authorize a discharge that exceeds a discharge prohibition or limitation provided by this chapter or a permit.

(Ord. 2009-5, passed 7-20-2009)  Penalty, see § 53.999