§ 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)

§ 51.221 BASELINE MONITORING REPORTS.

   (A)   Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Wastewater Utility Manager a report which contains the information listed in division (B) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Wastewater Utility Manager a report which contains the information listed in division (B) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

   (B)   Users described above shall submit the information set forth below:

      (1)   Identify information. The name and address of the facility, including the name of the operator and owner;

      (2)   Environmental permits. A list of any environmental control permits held by or for the facility;

      (3)   Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;

      (4)   Flow management. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 C.F.R. § 403.6(e);

      (5)   Measurement of pollutants.

         (a)   The categorical pretreatment standards applicable to each regulated process.

         (b)   The results of sampling and analysis identifying the nature, concentration, and mass, where required by the standard or by the Wastewater Utility Manager, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The samples shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 51.231.

         (c)   Sampling and measurement of pollutants must be performed in accordance with procedures set out in § 51.231, the applicable pretreatment permit, 327 IAC 5-2, 40 C.F.R. part 136, and other applicable state and federal rules, laws, and regulations.

      (6)   Certification. A statement, reviewed by the user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M), additional pretreatment, or a combination of these remedies is required to meet the pretreatment standards and requirements;

      (7)   Compliance schedule. If additional pretreatment or O&M will be required to meet the pretreatment standards, the user shall follow the schedule established by the Wastewater Utility Manager within which to provide such additional pretreatment or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 51.223 and applicable state and federal rules, laws, and regulations; and

      (8)   Signature and certification. All baseline monitoring reports must be signed and certified in accordance with this section and applicable state and federal rules, laws, and regulations.

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

§ 51.222 NONCOMPLIANCE NOTIFICATION.

   (A)   If, for any reason, the permittee does not comply with or will be unable to comply with any limitation specified in the applicable permit, whether issued by the city or another regulating authority, the permittee shall notify the Wastewater Utility Manager within 24 hours of becoming aware of such condition. The permittee shall follow-up, in writing, within five days after becoming aware of such condition with the following information:

      (1)   A description of the discharge and cause of noncompliance; and

      (2)   The period of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge.

   (B)   The above requirement is not intended to limit the city’s enforcement response to noncompliance.

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

§ 51.223 COMPLIANCE SCHEDULE PROGRESS REPORTS.

   The following conditions shall apply to the compliance schedule required by § 51.221(B)(7):

   (A)   The schedule shall contain progress increments 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 events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, project status reports, beginning operation, and attain compliance);

   (B)   No increment referred to above shall exceed nine months; and

   (C)   The user shall submit a progress report to the Wastewater Utility Manager no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule.

(Ord. 2008-38, passed 12-10-08; Ord. 2019-25, passed on 5-13-2020)