(A) Wastewater survey. When requested by the Superintendent all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The Superintendent is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of the chapter.
(B) Wastewater discharge permit requirements.
(1) It shall be unlawful for any significant industrial user to discharge wastewater into the city’s POTW without first obtaining a wastewater discharge permit from the Superintendent. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
(2) The Superintendent may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
(C) Wastewater discharge permitting existing connections. Any significant industrial user which discharges industrial waste into the POTW prior to the effective date hereof and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the city for a wastewater discharge permit in accordance with division (E) below, and shall not cause or allow discharges to the POTW to continue after 60 days of the effective date hereof, except in accordance with a wastewater discharge permit issued by the Superintendent.
(D) Wastewater discharge permitting new connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least 60 days prior to the date upon which any discharge will begin.
(E) Wastewater discharge permit application contents. In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit must submit the information required in § 8-2-5(A)(2) of this chapter. The Superintendent shall approve a form to be used as a permit application. In addition, the following information may be requested:
(1) Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the POTW;
(2) Number and type of employees, hours of operation and proposed or actual hours of operation of the POTW;
(3) Each product produced by type, amount, process or processes and rate of production;
(4) Type and amount of raw materials processed (average and maximum per day);
(5) The site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains and appurtenances by size, location and elevation and all points of discharge;
(6) Time and duration of the discharge; and
(7) Any other information as may be deemed necessary by the Superintendent to evaluate the wastewater discharge permit application.
(F) Application signatories and certification. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user: “I certify under penalty of law that this document and all attachments were prepared under my direction of 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.”
(G) Wastewater discharge permit decisions. The Superintendent will evaluate the data furnished by the industrial user and may require additional information. Within 15 days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied. The Superintendent may deny any application for a wastewater discharge permit.
(H) Wastewater discharge permit duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period less than five years at the discretion of the Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(I) Wastewater discharge permit contents.
(1) Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent 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, protect ambient air quality and protect against damage to the POTW.
(2) Wastewater discharge permits must contain the following conditions:
(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
(b) A statement that the wastewater discharge permit is non-transferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c) Effluent limits applicable to the user based on applicable standards in federal, state and local law;
(d) Self monitoring, sampling, reporting, notification and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law; and
(e) Statement of applicable civil, criminal and administrative 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.
(2) Wastewater discharge permits may contain, but need not be limited to, the following:
(a) Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;
(b) Limits on the instantaneous, daily and monthly average and/or maximum;
(c) 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;
(d) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or routine discharges;
(e) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(f) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(g) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
(h) Other conditions as deemed appropriate by the Superintendent to ensure compliance with this chapter, and state and federal laws, rules and regulations.
(J) Wastewater discharge permit appeals. Any person, including the industrial user, may petition the city to reconsider the terms of a wastewater discharge permit within 30 days 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 wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(4) If the city fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit or not to modify a wastewater discharge permit, shall be considered final administrative action for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Lee County District Court at Fort Madison within ten days.
(K) Wastewater discharge permit modification.
(1) The Superintendent may modify the wastewater discharge permit for good cause, including, but not limited to, the following:
(a) To incorporate any new or revised federal, state or local pretreatment standards or requirements;
(b) To address significant alterations or additions to the industrial user’s operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance;
(c) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses a threat to the city’s POTW, city personnel or the receiving waters;
(e) Violation of any terms or conditions of the wastewater discharge permit;
(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(g) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 C.F.R. § 403.13;
(h) To correct typographical or other errors in the wastewater discharge permit; and
(i) To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
(2) The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.
(L) Wastewater discharge permit transfer.
(1) Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 15 days advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner and/or operator which:
(a) States that the new owner and/or operator 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 wastewater discharge permit.
(2) Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer.
(M) Wastewater discharge permit revocation.
(1) Wastewater discharge permits may be revoked for the following reasons:
(a) Failure to notify the city of significant changes to the wastewater prior to the changed discharge;
(b) Failure to provide prior notification to the city of changed condition pursuant to § 8-2-5(E) of this chapter;
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) Falsifying self-monitoring reports;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the city timely access to the facility premises and records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) Failure to provide advance notice of the transfer of a permitted facility; and/or
(m) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
(2) Wastewater discharge permits shall be voidable upon non-use, cessation of operations or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit.
(N) Wastewater discharge permit reissuance. A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with division (E) above a minimum of 30 days prior to the expiration of the industrial user’s existing wastewater discharge permit.
(Ord. C-172, passed 9-7-1993)