(A) Permit for industrial wastewater discharge.
(1) Except as hereafter provided, no person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities owned by the town without first obtaining a town wastewater discharge permit (permit). A town permit shall be obtained prior to commencement of any construction of new or modified facilities which will discharge industrial wastewater to the sewer. A separate permit shall be required for each industrial wastewater connection to a public sewer discharging directly or indirectly to the town's sewerage system. The use of a sewer connection which is the subject of a permit by anyone other than the person named in the permit is prohibited. A permit or permit revision shall also be obtained by dischargers who use industrial wastewater. Any person who operates a portable treatment system must receive written authorization from the Public Works Director prior to commencement of operations at any industrial facility. Any person operating a portable treatment system shall comply with all requirements established by the Public Works Director for such systems. A permit shall also be obtained by all persons generating industrial wastewater including waste haulers.
(2) The Public Works Director may exempt certain classes of dischargers of industrial wastewaters from the requirement to obtain a permit if the quantity and quality of the wastewater is determined to be unlikely to create significant effects on the town's sewerage system or produce violations of state law or federal regulations. A discharger will be exempt if they permanently plug all floor drains and other discharge lines other than domestic wastes.
(3) The permit may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, relocation of point of discharge, consolidation of wastewater discharge connections, prohibition of discharge of certain wastewater components or characteristics, batch treatment and discharge, restriction of discharge to certain hours of the day, and such other conditions as may be required to effectuate the purposes of this chapter.
(4) Permits for facilities that receive for treatment, recycling or reclamation one or more wastes generated off-site, may additionally require monitoring of influent wastestreams and may restrict the types and quantities of wastes accepted.
(5) A permit shall be required but not limited to existing and new industries, car washes, vehicle service stations or repair garages, radiator shops, equipment shops, laundries, dry cleaners, hospitals, animal groomers, barber shops, beauty salons, restaurants, nursing homes, veterinary clinics, printers, grocery stores, mortuaries, cafeterias, x-ray labs, medical and dental facilities, printers, photo processors and chemical manufacturers. These businesses, however, shall be responsible for insuring that the industrial wastewater discharges originating from their operations are in compliance with the provisions set forth in this chapter.
(6) No person shall discharge industrial wastewaters in excess of the quantity or quality limits stated in the permit the violation of any permit condition or requirement shall constitute a violation of this chapter and shall be punishable as provided by law. Any person who, as defined by the Public Works Director, significantly increases or decreases flow rate or significantly alters the quality of wastewater discharge shall immediately apply for and obtain a permit revision. Any discharger who modifies an industrial plant, operating mode, process, or wastewater treatment facility in a manner which, as defined by the Public Works Director, would significantly increase or decrease the flow rate or significantly alter the quality of the wastewater discharge described in a permit shall first apply for and obtain a permit revision. This permit revision shall be obtained prior to the commencement of any construction of new plant facilities or operation of modified facilities by the wastewater discharger.
(7) All users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing users connected to or contributing to the POTW shall obtain a wastewater discharge permit within 30 days after the effective date of this chapter.
(B) Application and baseline monitoring report.
(1) Users required to obtain a wastewater discharge permit shall complete and file with the town, an application in the form prescribed by the town, and accompanied by a fee as prescribed in §§ 52.035 and 52.036. Existing users shall renew their wastewater discharge permit within 30 days after the effective date of this chapter, and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the categorical user shall submit, in units and terms appropriate for evaluation, the following baseline monitoring report (BMR) information.
(a) Name, address, and location (if different from the address);
(b) The standard industrial classification code (SIC) number according to the Standard Industrial Classification Manual, Office of Management and Budget, 1972, as amended which best characterizes the activities undertaken on the user's property;
(c) Whichever is applicable, name and address of any and all principals/owner/major shareholders of company; articles of incorporation; most recent report of the Secretary of State; business licenses;
(d) Name and address of property owner, landlord and/or manager of the property;
(e) Wastewater constituents and characteristics including but not limited to those mandated in §§ 52.015 through 52.022 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established in § 52.077(F) and (G) and by the EPA pursuant to Section 304(g) of the Act and contained in the 40 C.F.R., part 136, as amended;
(f) Time and duration of discharge;
(g) Average daily and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any from:
1. Regulated process streams; and
2. Other streams requiring use of the combined waste stream formula (§ 52.048).
(h) A list of any environmental control permits held by or for the facility;
(i) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections to the POTW, floor drains and appurtenances by the size, location and elevation;
(j) Description of activities; facilities and plant manufacturing processes on the premises including all materials which are or could be discharged;
(k) If applicable, a wastewater treatment process flow diagram of associated unit processes and points of discharge to the POTW from regulated processes;
(l) The nature and concentration of any pollutants in the discharge which are limited by any town, 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 operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
(m) Results of sampling and analysis identifying the nature and concentration (or mass where required by categorical standards or the Public Works Director) or regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. Samples shall be representative of daily operations;
(n) 1. If additional pretreatment and/or operation and maintenance 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.
2. The following conditions shall apply to this schedule:
A. 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 (such as, hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and the like);
B. No increment referred to in subsection A. shall exceed nine months;
C. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Public Works Director 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, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more man nine months elapse between such progress reports to the Public Works Director.
(o) Each product produced by type, amount, process or processes and rate of production;
(p) Type and amount of raw materials processed (average and maximum per day);
(q) Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(r) Any other information as may be deemed by the town to be necessary to evaluate the permit application;
(s) The BMR will be reviewed by an authorized representative of the industrial user and certified by a qualified professional;
(t) An authorized representative of the industrial user will be required to sign the permit application as prescribed in § 52.079.
(2) The town will evaluate the date furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the town may issue a wastewater discharge permit subject to terms and conditions provided herein.
(C) Modifications.
(1) Within 90 days of the promulgation of a federal categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a federal categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by division (B), the user shall apply for a wastewater discharge permit within 90 days after the promulgation of the applicable federal categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the Public Works Director within 90 days after the promulgation of an applicable federal categorical pretreatment standard the information required by division (B)(1)(e),(f), and (g).
(2) The Public Works Director may modify a permit for categorical or noncategorical users to make the corrections or allowances for changes in the permitted activity listed in this section. All permit modifications are subject to a 30-day public notice followed by a public bearing. Any permit modification not processed as a minor modification under this section must be made for cause. Minor modifications may only:
(a) Correct typographical errors;
(b) Change in interim compliance date in a schedule of compliance, provided the new date is not more than 90 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;
(c) Allow for change in ownership or operational control of a facility where the Public Works Director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage and liability between the current and new permittees has been submitted to the Public Works Director; or
(d) Except as provided for above, a permit may be transferred by the permittee to new owner or operator only if the permit has been modified and reissued, or a minor modification made to identify the new permittee and incorporate such other requirements as may be necessary under this chapter.
(D) Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations user charges and fees established by the town. 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) Limits on the average and/or maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(6) Compliance schedules;
(8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the town, and affording town access thereto;
(9) Requirements for notification of the town or any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW.
(E) Duration. Permits shall be issued for a specified time period of two years minimum and in no case more than five years. The user shall submit a letter of renewal with appropriate fees 30 days before the existing permit expires. The terms and conditions of the permit may be subject to modification by the town during the term of the permit as limitations or requirements as identified in §§ 52.015 through 52.022 are modified or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(F) 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 approval of the town. The Public Works Director may require modification or reissuance of the permit to change the name of the user and incorporate such other requirements as may be necessary under this section.
(G) Appeal procedures. Any person aggrieved by any decision of the Public Works Director with respect to the issuance of the wastewater discharge permit may appeal to the Town Council by filing with the Public Works Director. The Council shall thereupon fix a time and place for healing such appeal. The Public Works Director shall thereupon give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Gila Bend, Arizona, postage prepaid, addressed to such person at his or her last known address.
(H) Comment period. The permit holder may comment in writing to the Public Works Director within 30 days from the date of the mailing of the permit to the holder.
(I) Reopener clause. The permit shall be modified to incorporate an applicable standard or limitation which, is promulgated or approved after the permit is issued if that standard or limitation is more stringent than the limitation in the permit, or controls a pollutant not limited in the permit.
(J) Termination of permits. The following are causes for terminating a permit during its term or for denying a permit renewal application:
(1) Noncompliance by the permittee with any condition of the permit;
(2) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time;
(3) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or
(4) A change in any condition that requires either a temporary or a permanent reduction or elimination of any discharge controlled by the permit.
(Ord. 09-03, passed 2-10-2009)