(a) Individual Wastewater Discharge Permit Duration. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Utility Manager. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.
(b) Individual Wastewater Discharge Permit Contents. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Utility Manager to prevent Pass Through or Interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
(1) Individual wastewater discharge permits must contain:
A. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
B. A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with subsection (e) hereof, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
C. Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards;
D. 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.
E. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the Discharge in accordance with Section 923.06(d)(2).
F. 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.
G. Requirements to control Slug Discharge, if determined by the Utility Manager to be necessary.
H. Any grant of the monitoring waiver by the Utility Manager (Section 923.06(d)(2)) must be included as a condition in the User's permit or other control mechanism.
(2) Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:
A. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
B. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
C. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
D. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
E. The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW;
F. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
G. A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and Local Pretreatment Standards, including those which become effective during the term of the individual wastewater discharge permit; and
H. Other conditions as deemed appropriate by the Utility Manager to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations.
(c) Permit Review Process.
Review. An applicant of an individual wastewater discharge permit or the User may petition the Utility Manager to review or reconsider any decision made with regard to said application or the terms of an individual wastewater discharge permit within 90 days of the date of said decision or of the date of the issuance of the permit.
(1) Failure to submit a timely petition for review shall constitute a waiver of any objection.
(2) In its petition, the petitioning party must indicate the individual wastewater discharge permit provisions or the specific decision objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit.
(3) The effectiveness of the decision or the individual wastewater discharge permit shall not be stayed pending the appeal.
(4) If the Utility Manager fails to act within 60 days, the petition for review shall be deemed to be denied. The Utility Manager's decision not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit, or not to modify an individual wastewater discharge permit shall be considered final.
(5) The final decision of the Utility Manager may be reviewed by the Circuit Court of Marion County, West Virginia, upon application for a writ of certiorari pursuant to the provisions of West Va. Code 53-3-1 et seq.
(6) All time limitations are jurisdictional.
(d) Permit Modification. The Utility Manager may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements;
(2) To address significant alterations or additions to the User's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
(3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the City's POTW, its treatment plant, City personnel, or the receiving waters;
(5) Violation of any terms or conditions of the individual wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR 403.13;
(8) To correct typographical or other errors in the individual wastewater discharge permit; or
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with subsection (e) hereof.
(e) Individual Wastewater Discharge Permit Transfer. Individual wastewater discharge permits may be transferred to a new owner or operator only in accordance with this section. The new owner or operator shall provide the Utility Manager with at least ninety (90) days advance written notice of the proposed transfer of the individual wastewater discharge permit and pay the transfer fee required by Section 923.14(b)(5). The notice to the Utility Manager must include a written verified certification by the new owner or operator which:
(1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur;
(3) Acknowledges receipt of a copy of the individual wastewater discharge permit; and
(4) Acknowledges full responsibility for complying with the existing individual wastewater discharge permit. .
Failure to provide advance notice of a transfer and/or pay the necessary transfer fee renders the individual wastewater discharge permit void as of the date of facility transfer.
No individual waste water discharge permit shall be transferable less than 180 days prior to its expiration date.
(f) Individual Wastewater Discharge Permit Revocation. The Utility Manager may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the Utility Manager of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to Utility Manager of changed conditions pursuant to Section 923.06(e);
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) Falsifying self monitoring reports and certification statements;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Utility Manager timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay any fees charged due under this Article or any sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this ordinance.
Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership except as otherwise hereinbefore provided. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User.
(g) Individual Wastewater Discharge Permit Reissuance. A User with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 923.04(e), and paying the necessary application fee, a minimum of 180 days prior to the expiration of the User's existing individual wastewater discharge permit.
(h) Regulation of Waste Received from Other Jurisdictions.
(1) If another municipality, public service district, utility board, or other entity (hereafter contributing entity) contributes wastewater to the POTW, the Utility Manager shall enter into an intergovernmental or interutility agreement with the contributing entity.
(2) Prior to entering into an agreement required by subsection (h)(1) hereof, the Utility Manager shall request the following information from the contributing entity:
A. A description of the quality and volume of wastewater discharged to the POTW by the contributing entity;
B. An inventory of all Users located within the contributing entity's jurisdictional or territorial boundaries that are discharging to the POTW; and
C. Such other information as the Utility Manager may deem necessary.
(3) An intergovernmental or interutility agreement, as required by subsection (h)(1) hereof, shall contain the following conditions:
A. A requirement for the contributing entity to adopt a sewer use ordinance which is at least as stringent as this Article and Local Limits, including required Baseline Monitoring Reports (BMRs) which are at least as stringent as those set out in the Article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or Local Limits;
B. A requirement for the contributing entity to submit a revised User inventory on at least an annual basis;
C. A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing entity; which of these activities will be conducted by the Utility Manager; and which of these activities will be conducted jointly by the contributing entity and the Utility Manager;
D. A requirement for the contributing entity to provide the Utility Manager with access to all information that the contributing entity obtains as part of its pretreatment activities;
E. Limits on the nature, quality, and volume of the contributing entity's wastewater at the point where it discharges to the POTW;
F. Requirements for monitoring the contributing entity's discharge;
G. A provision ensuring the Utility Manager access to the facilities of Users located within the contributing entity's jurisdictional or territorial boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Utility Manager; and
H. A provision specifying remedies available for breach of the terms of the intergovernmental agreement or the interutility agreement.
I. That the Utility Manager has the right to take action to enforce the terms of the contributing entity's ordinance or to impose and enforce Pretreatment Standards and Requirements consistent with this Article directly against Users in the event the contributing entity is unable or unwilling to take such action.
(Ord. 1509. Passed 11-23-10.)