§ 51.205 WASTEWATER DISCHARGE PERMIT TRANSFER.

   (A)   Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the Wastewater Utility Manager and the Wastewater Utility Manager approves the wastewater discharge permit transfer. The notice to the Wastewater Utility Manager must include a written certification by the new owner or operator which:

      (1)   States that the new owner or operator has no immediate intent to change the facility’s operations and processes;

      (2)   Identifies the specific date on which the transfer is to occur; and

      (3)   Acknowledges full responsibility for complying with the existing wastewater discharge permit.

   (B)   Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

§ 51.206 WASTEWATER DISCHARGE PERMIT REVOCATION.

   The Wastewater Utility Manager may revoke a wastewater discharge permit for good cause, which good cause shall include, but not be limited to, any one or more of the following reasons:

   (A)   Failure to notify the Wastewater Utility Manager of significant changes to the nature and volume of the discharged wastewater prior to such changes;

   (B)   Failure to provide prior notification to the Wastewater Utility Manager of changed conditions pursuant to this section;

   (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 installed by the Wastewater Utility Manager, or his or her representatives, for the purposes of conducting monitoring activities to determine compliance with the appropriate wastewater discharge permit, federal, or state regulations, and any ordinances governing the discharge of wastewater to the POTW;

   (F)   Refusing to allow the Wastewater Utility Manager, or his or her agent, 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 business ownership or a permitted facility;

   (M)   Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this subchapter;

   (N)   Wastewater discharge permits shall be voidable upon cessation of operation or transfer of business ownership; or

   (O)   All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

§ 51.207 DUTY TO REAPPLY.

   (A)   If a permittee wishes to continue an activity regulated by the wastewater discharge permit after the expiration date of that permit, that permittee must obtain and submit a new permit application according to §§ 51.180 through 51.187.

   (B)   It is the permittee’s responsibility to obtain and submit the application within 180 days before the expiration of the applicable permit. This deadline may be extended if permission is requested in writing before such deadline; the Wastewater Utility Manager grants permission to submit the application after the deadline; and the application is received no later than the expiration date of the existing permit.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

§ 51.208 REGULATION OF WASTE RECEIVED FROM OTHER JURISDICTIONS.

   (A)   If another municipality or sewer district contributes wastewater to the POTW, the Wastewater Utility Manager shall enter into an intermunicipal or interdistrict agreement with the contributing entity.

   (B)   Prior to entering into an agreement required by division (A) above, the Wastewater Utility Manager shall request the following information from the contributing entity:

      (1)   A description of the quality and volume of wastewater discharged to the POTW by the contributing entity;

      (2)   An inventory of all users located within the contributing entity that are discharging to the POTW; and

      (3)   Such other information as the Wastewater Utility Manager may deem necessary.

   (C)   An agreement, as required by division (A) above, shall contain the following conditions:

      (1)   A requirement for the contributing entity to adopt a sewer use ordinance which is at least as stringent as this subchapter and local limits which are at least as stringent as those set out in § 51.113. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance or local limits;

      (2)   A requirement for the contributing entity to submit a revised user inventory on at least an annual basis;

      (3)   A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Wastewater Utility Manager; and which of these activities will be conducted jointly by the contributing municipality and Wastewater Utility Manager;

      (4)   A requirement for the contributing entity to provide the Wastewater Utility Manager with access to all information that the contributing entity obtains as part of its pretreatment activities;

      (5)   Limits on the nature, quality, and volume of the contributing entity’s wastewater at the point where it discharges to the POTW;

      (6)   Requirements for monitoring the contributing entity’s discharge;

      (7)   A provision ensuring the Wastewater Utility Manager access to the facilities of users located within the contributing entity’s jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Wastewater Utility Manager; and

      (8)   A provision specifying remedies available for breach of the terms of the intermunicipal or interdistrict agreement.

(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)

POTW - REPORTING REQUIREMENTS

§ 51.220 PURPOSE AND APPLICABILITY.

   The purpose of this subchapter is to set forth minimum reporting requirements for users of the POTW. Sections 51.221 through 51.233 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)