(A) General.
(1) All SIUs proposing to connect to or discharge to the POTW shall obtain an industrial wastewater discharge permit before connecting to or commencing to discharge to the POTW.
(2) All non-residential users shall complete and submit to the Director an Industrial User's Wastewater Questionnaire. Based on the information contained in the completed Industrial User's Wastewater Questionnaire, the Director may require a user to apply for and obtain an industrial wastewater discharge permit.
(1) Application information. In support of the permit application, each user may be required to submit, in units and terms appropriate for evaluation, the following information:
(a) Name, address, and facility location;
(b) Standard industrial classification (SIC) numbers according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(c) Date of construction of any building, structure, facility or installation that is discharging or may discharge pollutants to the POTW;
(d) Wastewater constituents and characteristics including, but not limited to, those mentioned in § 52.14, as determined by a reliable analytical laboratory using sampling and analysis techniques performed in accordance with the most current version of 40 C.F.R. § 136;
(e) Time and duration of process flow discharge;
(f) Average daily and estimated 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;
(g) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation and a current water use schematic;
(h) Make and model of all current or proposed flow monitoring devices used for the purposes of compliance or billing;
(i) Detailed description of the production process and pretreatment process alone with a schematic of those systems with all components clearly identified;
(j) Description of activities, facilities and plant processes on the premises, including all materials, which are or could be discharged;
(k) Basis of design of the pretreatment facility, including, where applicable:
1. Design loading, including average, peak and future;
2. Rationale for process selection; and
3. Calculation of predicted effluent quality and loading under normal and peak operating conditions;
(l) Where known, the nature and concentration of any pollutants in the discharge which are limited by any local, state or national pretreatment standards, including any listed or characteristic hazardous wastes as defined in federal regulations (40 C.F.R. § 261) and a statement regarding whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance or additional pretreatment is required for the user to meet applicable pretreatment standards;
(m) If additional pretreatment or operation and maintenance will be required to meet the pretreatment standards, the user shall provide the schedule by which they will meet the standards. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. In addition, the following conditions shall apply to this schedule:
1. The schedule shall contain phases 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 user to meet the applicable pretreatment standards which includes, but is not limited to hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction;
2. No phase referred to in division (m)1. above shall exceed 9 months; and
3. No later than 14 calendar days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Director, including, as a minimum, whether or not it complied with the increment of progress to be met on such 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 user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Director;
(n) Number of employees, hours of operation of the user's plant and proposed or actual hours of operation of pretreatment system;
(o) Proof that any required wastewater treatment system at the user's facility is operated under a certified operator in accordance with 327 IAC 5-22, as amended from time to time;
(p) Each product and by-product produced by type, amount, process or processes and rate of production;
(q) Type and amount of raw materials processed including the average and maximum per day;
(r) List of any environmental control permits held by or for the facility; and
(s) Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on § 52.42(F) (40 C.F.R. § 403.12(e)(2)).
(t) Measurement of pollutants.
1. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
2. The results of sampling and analysis identifying the nature and concentration or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process.
3. Instantaneous, daily maximum, and long-term average concentrations or mass, where required, shall be reported.
4. The samples shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 52.44. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director or the applicable standards to determine compliance with the standard.
5. Sampling must be performed in accordance with procedures set out in § 52.44.
(u) Any other information as may be deemed by the Director to be necessary to evaluate the permit application.
(2) Application submission time frames.
(a) New sources required to obtain an industrial wastewater discharge permit shall submit an application to the Director at least 180 calendar days prior to the date when the new source intends to commence discharging to the POTW. New sources may submit an application less than 180 calendar days prior to the date the new source intends to commence discharging to the POTW with prior approval from the Director.
(b) In the case of an initial issuance of an industrial wastewater discharge permit to an existing source or to an industrial user determined by the Director to be subject to the permit requirements, an application shall be submitted to the Director no later than 120 calendar days after the latter of:
1. The promulgation of an applicable national or state categorical pretreatment standard; or
2. The date of notification by the Director of a determination made according to division (A)(2) of this section.
(c) An industrial user with an existing permit shall submit an application to the Director at least 90 calendar days prior to a planned expansion or modification of production or treatment facilities or processes that are likely to cause a substantial change in the volume or character of pollutants discharged to the POTW by the industrial user. An application may be submitted in less than 90 calendar days with prior approval of the Director.
(3) Signatories to permit applications. All permit applications shall be signed as follows:
(a) For a corporation: by a responsible corporate officer. For purposes of this section, A RESPONSIBLE CORPORATE OFFICER means either of the following:
1. A president, secretary, treasurer, any vice president of the corporation in charge of a principal business function, or any other person who performs similar policy-making or decision-making functions for the corporation; or
2. The manager of 1 or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.
(c) Any person signing a document under divisions (B)(3)(a) or (b) shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
(C) Permit modification, revocation and termination.
(1) The permittee shall be informed by the Director of any proposed permit changes at least 30 calendar days prior to the effective date of any change.
(2) A permit may be modified, in whole or in part, revoked or terminated during its term for cause as specified in this division (C). If the control authority determines that cause exists for modification or revocation of a permit, the control authority may require from the permittee an updated application or a pertinent portion of an application if such current information is needed to prepare the permit.
(3) Causes for modification, revocation or termination of a permit include, but are not limited to the following:
(a) Violation of any term or condition of the permit;
(b) Failure of the permittee to disclose fully all relevant facts or any misrepresentation of any relevant facts by the permittee in an application or during the permit issuance process;
(c) A change in any condition that requires either a temporary or a permanent reduction or elimination of any discharge controlled by the permit, e.g., plant closure, a change in state law that requires the reduction or elimination of the discharge, or information indicating that the permitted discharge poses a substantial threat to human health or welfare;
(d) Failure of the permittee to accurately report the wastewater constituents and characteristics of the permittee's discharge;
(e) Failure of the permittee to report significant changes in operations or wastewater constituents and characteristics;
(f) Refusal of reasonable access to the permittee's premises for the purpose of inspection or monitoring; or
(g) Failure to implement all required plans including, but not limited to the following:
1. Toxic organic management plan;
2. Mercury abatement plan; and
3. Spill prevention plan.
(4) In addition to the provisions of divisions (C)(2) and (3), a permit may be modified for any of the following causes:
(a) Material and substantial alterations or additions to the user's operation which were not covered in the effective permit, e.g., production changes, relocation or combination of discharge points, changes in the nature or mix of products produced, provided that such alterations do not constitute total replacement of the process or production equipment causing the discharge which converts it into a new source; or
(b) Within 9 months of the promulgation of a national or state categorical pretreatment standard, the industrial wastewater discharge permit of users subject to such standards shall be modified to require compliance with such standard within the time frame prescribed by such standard. In addition, the user with an existing industrial wastewater discharge permit shall submit an updated application to the Director within 180 days after the promulgation of the applicable categorical pretreatment standard.
(5) A permittee shall:
(a) Report to the Director plans for or information about any activity that has occurred or will occur that would constitute cause for modification or revocation of a permit under this division (C); and
(b) Comply with the existing permit until it is modified or reissued.
(D) Permit conditions.
(a) A statement that indicates the industrial wastewater discharge permit issuance date, expiration date and effective date;
(b) A statement that the industrial wastewater discharge permit is nontransferable without prior notification to the Director in accordance with division (G) of this section, and provisions for furnishing the new owner or operator with a copy of the existing industrial wastewater discharge permit;
(c) Limits on the average and maximum wastewater constituents and characteristics;
(d) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(e) Effluent limits, including best management practices, based on applicable pretreatment standards;
(f) Requirements for installation and maintenance of inspection and sampling facilities, and for providing entry for sampling and inspection;
(g) Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number and type of samples, and standards for tests and reporting, schedules;
(h) Requirements for submission of technical reports or discharge reports;
(i) Requirements for maintaining, retaining and allowing access to facility records relating to wastewater discharge;
(j) Requirements for notification to the Director of any new introduction or substantial
change in the volume or character of the wastewater constituents or characteristics being introduced into the POTW;
(k) Requirements for notification of spills, slug discharges or upsets in accordance with § 52.25, or other violations of this chapter;
(l) The process for seeking a waiver from monitoring for a Pollutant neither present nor expected to be present in the Discharge in accordance with § 52.42(E);
(m) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law; and
(n) Any grant of the monitoring waiver by the Director (§ 52.42(E)) must be included as a condition in the user's permit or other control mechanism.
(2) Industrial wastewater discharge permits may contain the following:
(a) Compliance schedules;
(b) Requirements to develop and implement spill and slug discharge control plans in accordance with § 52.25;
(c) Requirements for installation, operation and maintenance of pollution control equipment; and
(d) Other conditions as deemed appropriate by the Director to ensure compliance with local ordinances and state and national pretreatment standards and requirements.
(E) Permit duration. An industrial wastewater discharge permit shall be issued for any specified time period not exceeding 5 years. The user shall apply for permit renewal a minimum of 180 days prior to the expiration of the user's existing permit.
(F) Continuation of expired permit. An expired industrial wastewater discharge permit will continue to be effective and enforceable until the permit is reissued if:
(1) The permittee has submitted a complete permit application at least 180 days prior to the expiration date of the user's existing permit; and
(2) The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the permittee.
(G) Permit transfer. Industrial wastewater discharge permits are issued to a specific user for a specific operation. A permit may be transferred to another person by a permittee, without modification or revocation, if the following events occur:
(1) Industrial wastewater discharge permits may be transferred to a new owner only if the permittee gives at least 30-days' advance notice to the Director and the Director approves the industrial wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner which:
(a) States that the new owner has no immediate intent to change the facility's operations and processes;
(b) Identifies the specific date on which the transfer is to occur; and
(c) Acknowledges full responsibility for complying with the existing industrial wastewater discharge permit.
(2) Failure to provide advance notice of a transfer renders the industrial wastewater discharge permit void as of the date of facility transfer.
(3) Within 30 calendar days after receiving the transfer notification from the permittee the Director shall notify the current permittee and the transferee of the need to modify, revoke or terminate the permit. The Director may require that a new application be filed rather than agreeing to the transfer of the permit.
(H) Permit comment period. The control authority shall provide for a 15 calendar day comment period prior to the issuance of an industrial wastewater discharge permit. A user may submit written comments to the control authority during this comment period setting forth all facts or reasons known to the user which may be relevant to a decision by the control authority on the permit requirements.
(I) Records retention. Records shall be retained and preserved by the user for a minimum period of 3 years from the time of their creation. This includes documentation associated with best management practices established under § 52.15 along with any additional records or information obtained pursuant to monitoring activities undertaken by the user. All records that pertain to matters which are the subject of any enforcement action or litigation shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitations with respect to any and all appeals have expired. This period of retention shall also be extended when requested by the Director, the control authority, or the approval authority.
(Ord. 5746, passed 7-1-2019)