(A) Application for discharge of commercial or industrial wastewater. All users or prospective users which generate commercial or industrial wastewater shall make application to the Superintendent for connection to the municipal wastewater treatment system. It may be determined through the application that a user needs a discharge permit according to the provisions of federal and state laws and regulations. Applications shall be required from all new dischargers as well as for any existing discharger desiring additional service or where there is a planned change in the industrial or wastewater treatment process. Connection to the city sewer or changes in the industrial process or wastewater treatment process shall not be made until the application is received and approved by the Superintendent, the building sewer is installed in accordance with § 51.06 of this chapter and an inspection has been performed by the Superintendent or his or her representative. The receipt by the city of a prospective customer’s application for connection shall not obligate the city to render the connection. If the service applied for cannot be supplied in accordance with this subchapter and the city’s rules and regulations and general practice, the connection charge will be refunded in full, and there shall be no liability of the city to the applicant for such service. Etowah reserves the right to refuse to issue a permit to discharge to the sanitary sewer if the discharge will cause the treatment plant to violate its NPDES permit. Trucking companies that wish to haul wastewater to the wastewater treatment plant or a sanitary sewer manhole designated by Etowah Utilities must secure a pump and haul permit from the Pretreatment Coordinator.
(B) Industrial wastewater discharge permits.
(1) General requirements. All industrial users proposing to connect to or to contribute to the WWF shall apply for service and apply for a discharge permit before connecting to or contributing to the WWF. All existing industrial users connected to or contributing to the WWF may be required to apply for a permit within 180 days after the effective date of this chapter.
(2) Applications. Applications for wastewater discharge permits shall be required as follows.
(a) Users required by the Superintendent to obtain a wastewater discharge permit shall complete and file with the pretreatment coordinator, an application on a prescribed form accompanied by the appropriate fee.
(b) The application shall be in the prescribed form of the city and shall include, but not be limited to, the following information: name, address and SIC/NAICS number of applicant; wastewater volume; wastewater constituents and characteristic, including, but not limited to, those mentioned in §§ 51.09 and
51.25
discharge variations daily, monthly, seasonal and 30-minute peaks; a description of all chemicals handled on the premises, each product produced by type, amount, process or processes and rate of production, type and amount of raw materials, number and type of employees, hours of operation, site plans, floor plans, mechanical and plumbing plans and details showing all sewers and appurtenances by size, location and elevation; a description of existing and proposed pretreatment and/or equalization facilities and any other information deemed necessary by the pretreatment coordinator.
(c) Any user who elects or is required to construct new or additional facilities for pretreatment shall as part of the application for wastewater discharge permit submit plans, specifications and other pertinent information relative to the proposed construction to the pretreatment coordinator for approval. A wastewater discharge permit shall not be issued until such plans and specifications are approved. Approval of such plans and specifications shall in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this subchapter.
(d) If additional pretreatment and/or operations and maintenance will be required to meet the pretreatment standards, the application shall include the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. For the purpose of this division (B)(2)(d), pretreatment standard shall include either a national pretreatment standard or a pretreatment standard imposed by this subchapter.
(e) The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided herein.
(f) The receipt by the city of a prospective customer’s application for wastewater discharge permit shall not obligate the city to render the wastewater collection and treatment service. If the service applied for cannot be supplied in accordance with this subchapter or the city’s rules and regulations and general practice, the application shall be rejected and there shall be no liability of the city to the applicant of such service.
(g) The pretreatment coordinator will act only on applications containing all the information required in this section. Persons who have filed incomplete applications will be notified by the pretreatment coordinator that the application is deficient and the nature of such deficiency and will be given 30 days to correct the deficiency. If the deficiency is not corrected within 30 days or within such extended period as allowed by the local administrative officer, the local administrative officer shall deny the application and notify the applicant in writing of such action.
(h) Applications shall be signed by the duly authorized representative.
(3) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the city.
(a) Permits shall contain the following:
1. Statement of duration;
2. Provisions of transfer;
3. Effluent limits, including best management practices, based on applicable pretreatment standards in this chapter, state rules, categorical pretreatment standards, local, state and federal laws;
4. Self monitoring, sampling, reporting, notification and record keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law;
5. Statement of applicable civil and criminal penalties for violations of pretreatment standards and the requirements of any applicable compliance schedule. Such schedules shall not extend the compliance date beyond the applicable federal deadlines;
6. Requirements to control slug discharges, if determined by the WWF to be necessary; and
7. Requirement to notify the WWF immediately if changes in the users processes affect the potential for a slug discharge.
(b) Additionally, permits may contain the following:
1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
2. Requirements for installation and maintenance of inspection and sampling facilities;
3. Compliance schedules;
4. Requirements for submission of technical reports or discharge reports;
5. Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto;
6. Requirements for notification of the city 60 days prior to implementing any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system, and of any changes in industrial processes that would affect wastewater quality or quantity;
7. Prohibition of bypassing pretreatment or pretreatment equipment;
8. Effluent mass loading restrictions; and
9. Other conditions as deemed appropriate by the city to ensure compliance with this chapter.
(4) Permit modification. The terms and conditions of the permit may be subject to modification by the pretreatment coordinator during the term of the permit as limitations or requirements are modified or other just cause exists. The user shall be informed of any proposed changes in this permit at least 60 days prior to the effective date of change; except in the case where federal deadlines are shorter, in which case the federal rule must be followed. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(5) Permit duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit renewal a minimum of 180 days prior to the expiration of the user’s existing permit.
(6) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the written approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. The permit holder must provide the new owner with a copy of the current permit.
(7) Revocation of permit. Any permit issued under the provisions of this chapter is subject to be modified, suspended or revoked in whole or in part during its term for cause including, but not limited to, the following:
(a) Violation of any terms or conditions of the wastewater discharge permit or other applicable federal, state, or local law or regulation;
(b) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;
(c) A change in:
1. Any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;
2. Strength, volume or timing of discharges; and
3. Addition or change in process lines generating wastewater.
(d) Intentional failure of a user to accurately report the discharge constituents and characteristics or to report significant changes in plant operations or wastewater characteristics.
(C) Confidential information. All information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspection shall be available to the public or any governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the pretreatment coordinator that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the users. When requested by the person furnishing the report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for use; related to this chapter or the city’s or user’s NPDES permit. Provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the pretreatment coordinator as confidential shall not be transmitted to any governmental agency or to the general public by the pretreatment coordinator until and unless prior and adequate notification is given to the user.
(Ord. 699, passed 10-26-2009; Ord. 784, passed 4-25-2016)