(a) Permit by rule. The following discharges to the City’s storm sewer system are authorized if the requirements of this division are met. However, the City Director may, in individual cases, require that the discharger obtain an individual use permit from the City if the City Director determines that the discharge may cause detriment, create a nuisance or cause or contribute to a violation of water quality standards in the receiving surface water, as provided in subsection (c) below.
(1) Discharges of storm water from sites of industrial activity. Discharges of storm water associated with industrial activity from sites of industrial activity regulated under 40 C.F.R. § 122.26 to the storm sewer system are automatically authorized if the owner or operator is operating under and in compliance with an NPDES storm water permit issued by the Michigan Department of Environmental Quality or owner or operator has submitted a “no exposure” certification to the Department, and the owner or operator provides the City Director with a copy of the NPDES permit or “no exposure” certification within 30 days of issuance or reissuance of the permit or completion of the certificate.
(2) Other discharges authorized by NPDES permits. Discharges to the storm sewer system for which the owner or operator of the discharge has obtained an NPDES permit are automatically authorized if the owner or operator is in compliance with the permit and the owner or operator of the discharge provides the City Director with a copy of the NPDES permit within 30 days of issuance or reissuance of the permit.
(b) Interim permits. In cases where the City Director has determined that it is impractical for a person owning or operating an illicit discharge or connection to the storm sewer system to immediately cease the discharge or remove the connection, the City Director may issue a permit authorizing the discharge and/or connection for an interim period pending termination of the discharge or removal of the connection. Such interim permits may not exceed one year in duration, and shall contain a schedule for termination of the discharge or removal of the connection.
(c) Individual permits. The City Director may, in individual cases, require any discharger to the storm sewer system to obtain an individual use permit from the City, if the City Director determines that the discharge may cause detriment, create a nuisance or cause or contribute to a violation of the State water quality standards in the receiving surface water. In cases where an individual use permit is required, the following requirements shall apply to the person directly or indirectly responsible for the discharge.
(1) Permit applications. Any person required to obtain an individual use permit shall submit an application to the City, on a form provided by the City, and supplemental documents, as needed, not more than 30 days after having been ordered to do so by the City. The City may require the applicant to submit the following types of information in the application: (i) needed names, addresses and telephone numbers; (ii) business and/or manufacturing activities engaged in; (iii) the type and amount of materials produced, used and/or stored which are, or may be, in the discharge; (iv) the actual or proposed rate, volume and timing of the discharge; (v) the amounts and types of materials known and expected to be in the discharge; (vi) existing or proposed procedures, equipment or systems used or intended to be used for controlling the quality, rate, volume or timing of the discharge; and (vii) any other information needed by the City to process the application. The application shall be signed and certified by the proprietor or manager who is directly in control of the business, institution or other entity that is directly or indirectly responsible for the discharge. The procedures in § 46-52, regarding confidential information, shall be applicable to information provided in the application.
(2) Permit requirements and conditions. Individual use permits may contain the following requirements and conditions: (i) restrictions on the rate, volume and timing of the discharge; (ii) restrictions on the amount of certain materials in the discharge, including specific limits for various pollutants; (iii) requirements for sampling and testing the discharge and submitting the test results; (iv) requirements for measuring and recording the rate, volume, and timing of the discharge and reporting the recorded data; (v) requirements for establishing, implementing, operating and maintaining procedures, equipment or systems for preventing spills of liquid materials, treating storm water or otherwise controlling the quality, rate, volume and timing of the discharge; (vi) requirements for submitting technical and other reports; (vii) requirements for reporting and responding to violations of the permit and this division; (viii) various fees for administering the permit; and (ix) any other requirement or condition deemed necessary for properly administering and enforcing this division. The procedures in § 46-61, regarding informal conferences and judicial review, shall be applicable to the establishment of the permit.
(3) Permit duration. An individual use permit may extend for up to five years. A person holding an individual use permit shall submit an application for a new permit not less than 180 days prior to the expiration date of the existing permit.
(4) Permit modification. The City Director may modify any individual use permit in order to: (i) ensure compliance by the City with applicable local, State and Federal laws; (ii) respond to changes at the permittee’s facility that may or do affect the quality or quantity of its discharge to the storm sewer system; (iii) ensure compliance by the permittee with this division; and (iv) protect human safety, property, the storm sewer system and the quality of its receiving surface waters. The permittee shall be informed of any permit modification at least 30 days prior to the effective date of the modification, unless a shorter period of time is necessary to meet applicable law or to protect human health, property, the storm sewer system and/or the quality of its receiving surface waters.
(5) Compliance with permit. Any person regulated under an individual use permit shall comply with all of the provisions of the permit. A violation of the use permit is a violation of this division, subject to the penalty, damage and other enforcement provisions of this division.
(6) Permit revocation. The City Director may revoke a use permit during its term or deny a use permit renewal if:
a. The permittee has failed to comply with any condition of the use permit;
b. The permittee fails, in the use permit application or during the permit issuance process, to disclose fully all relevant facts to the City, and/or the permittee misrepresents any relevant fact at any time to the City;
c. The City Director determines that the permitted discharge endangers human health or the environment or may damage the storm sewer system and the threat can be prevented or abated by revocation or denial of the use permit;
d. The City Director determines that the permitted discharge has the potential for, or actually is, causing or contributing to a violation of the City’s NPDES permit for the storm sewer system and the actual or potential violation can be abated or prevented by revocation or denial of the use permit;
e. A change in any condition that requires either a temporary or permanent reduction or elimination of the permittee’s discharge to the storm sewer system;
f. The permittee is in default, after having received written notice of such default, in the payment of fees or other amounts owed to the City under this division; or
g. The permittee is in violation of any provision of this division.
(7) Permit revocation or denial. Upon revocation or denial of its use permit, a user shall immediately terminate its discharge to the storm sewer system.
(8) Limitations of permit transfer. Individual use permits are issued to a specific person for a specific operation at a specific location and are not assignable to another person or transferable to any other location without prior written approval of the City Director. The City Director shall approve a use permit transfer and make the necessary minor modifications to the use permit to show the transferee as the permittee, if the transferor demonstrates to the City that the following conditions exist:
a. The transferor has not violated any provision of the permit or of this division during the six-month period preceding the date of the transfer;
b. As of the date of the transfer, there are no unpaid charges or fees due to the City from the transferor under this division;
c. The information presented the application for the permit filed by the transferor remains the same with respect to the discharge, facilities and activities of the transferee, except as to the identity of the discharger; and
d. The transferor provides written evidence to the City Director that a copy of the permit has been provided to the transferee and that the transferee accepts responsibility for permit requirements.
(9) No transfer. If subsections (a) through (d) are not met, then no transfer shall occur and a new permit and permit application is required.
(Ord. 3489, passed 2-25-2002; Ord. 3630, passed 12-13-2004)