(A) General. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a Wastewater Contribution Permit before connecting to or contributing to the POTW. The Superintendent may require users to obtain a Wastewater Contribution Permit as necessary to carry out the purposes of this chapter. Any violation of the terms and conditions of a Wastewater Contribution Permit shall be deemed a violation of this chapter and subjects the permittee to the sanctions set out in §§ 50.135 et seq. and § 50.999.
(B) Permit application. Users required to obtain a Wastewater Contribution Permit shall complete and file with the city, an application in the form prescribed by the city, and accompanied by a permit fee. New users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. Existing permit holder shall apply no later than sixty (60) days prior to expiration of permit. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address, and location if different from the address;
(2) SIC number(s) according to the Standard Industrial Classification Manual, United States Bureau of the Budget, 1972, as amended;
(3) Wastewater constituents and characteristics as determined by an analytical laboratory acceptable to the city; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304 (g) of the Act and contained in 40 CFR, Part 136, as amended;
(4) Time and duration of contribution;
(5) Average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variation if any;
(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
(7) Description of activities, facilities, and plant processes on the premises including all materials which are or could be discharged;
(8) Where known, the nature and concentration of any pollutants in the discharge which are limited by the city, state or federal Pretreatment Standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional pretreatment is required for the user to meet applicable Pretreatment Standards;
(9) If additional pretreatment will be required to meet the Pretreatment Standards, 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. The following conditions shall apply to this schedule:
(a) The schedule must be acceptable to the city.
(b) The schedule shall contain increments 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.
(c) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent 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 and the reason for delay, and the steps being taken by the user to return the construction to the schedule established.
(10) Each product produced by type, amount, process or processes, and rate of production;
(11) Type and amount of raw materials processed (average and maximum per day);
(12) Number of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(13) Any other information as may be deemed by the city to be necessary to evaluate the permit application.
(14) A copy of the industry's written environmental control program, comparable document, or policy.
(C) Issuance. The city shall evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Superintendent or his designee may issue a Wastewater Contribution Permit subject to terms and conditions provided herein. The Superintendent shall provide notice to each significant industrial user of the issuance of the user's Wastewater Contribution Permit. Any person, including the user, may petition the Superintendent to reconsider the terms of a permit within fifteen (15) days of notice of its issuance.
(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the permit.
(3) The effectiveness of the permit shall not be stayed during the appeal.
(4) The Superintendent may forward the appeal to the Mayor. If the Mayor fails to act within thirty (30) days of receipt of the appeal, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative action and/or the permit must do so by filing a complaint with the Fleming County Circuit Court in accordance with the appropriate procedures of that court and any statute of limitations.
(Ord. 12-93-1, passed 12-6-93; Am. Ord. 10-11-1, passed 10-10-11)