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The Wastewater Utility Manager will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete wastewater discharge permit application, the Wastewater Utility Manager will determine whether the discharge requires an applicable wastewater discharge permit. The Wastewater Utility Manager may deny, in his or her sole discretion, any application for a wastewater discharge permit.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)
POTW - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
The purpose of this section is to establish permitting process guidelines for the city. Sections 51.201 through 51.206 will be applicable and immediately in effect when the State Department of Environmental Management relinquishes control of local pretreatment authority as described in 40 C.F.R. part 403. The effective date, as used in this section, will mean the date in which the city notifies the discharger of the change in local authority.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)
(A) A wastewater discharge permit, as issued by the city, shall be issued for a specified time period not to exceed five years from the effective date of the permit.
(B) A wastewater discharge permit may be issued for a period less than five years, at the discretion of Wastewater Utility Manager.
(C) Each wastewater discharge permit will indicate a specific date upon which it will expire.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Wastewater 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.
(A) Wastewater discharge permits must contain:
(1) A statement that indicates the duration of the wastewater discharge permit;
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to IDEM in accordance with state rules or the Board accordance with § 51.184, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits based on applicable pretreatment standards;
(4) 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
(5) 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.
(B) Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) Limits on the average rate of discharge, maximum rate of discharge, time of discharge, requirements for flow regulation and equalization, or any combination of these criteria;
(2) 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;
(3) Requirements for the development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(7) 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
(8) Other conditions as deemed appropriate by the Wastewater Utility Manager to ensure compliance with this subchapter, and state and federal laws, rules, and regulations.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)
The Wastewater Utility Manager shall provide notice by publication of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Board to reconsider the terms of a wastewater discharge permit within 15 days of the published notice of its issuance.
(A) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(B) 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.
(C) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(D) If the Board 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 actions for purposes of judicial review. If a permit is issued under IDEM’s authority, the state’s appeals process shall apply.
(E) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the County Circuit Court within 30 days. If a permit is issued under IDEM’s authority, the state’s appeals process shall apply.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)
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