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No significant industrial user shall discharge wastewater into the City of Hayden WWCS and/or 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 forth 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. The Superintendent may require other users, including liquid waste haulers, to obtain wastewater discharge permits (as necessary) to carry out the purposes of this chapter.
A. Existing SIU: Any SIU that was discharging wastewater into the City of Hayden WWCS and/or POTW prior to the effective date hereof and that wishes to continue such discharges in the future shall, within sixty (60) days after notification by the Superintendent submit a permit application to the City in accordance with subsection D of this section and shall not cause or allow discharges to the City of Hayden WWCS and/or POTW to continue after one hundred eighty (180) days of the effective date hereof, except in accordance with a wastewater discharge permit issued by the Superintendent.
B. New Source And New User: At least ninety (90) days prior to the anticipated start-up, any new source, which is a source that becomes a user subsequent to the promulgation of an applicable categorical pretreatment standard, and any new user considered by the City to fit the definition of SIU, shall apply for a wastewater discharge permit and will be required to submit to the City at least the information listed in subsections D1 through D5 of this section. A new source or new user cannot discharge without first receiving a wastewater discharge permit from the City. New sources and new users shall also be required to include in their application information on the method of pretreatment they intend to use to meet applicable pretreatment standards. New sources and new users shall give estimates of the information requested in subsections D1 through D5 of this section.
C. Extrajurisdictional Users: Any existing user who is located beyond the City jurisdiction and who is required to obtain a wastewater discharge permit shall submit a wastewater discharge permit application as outlined in subsection A of this section. New source and new users who are located beyond the City jurisdiction and who are required to obtain a wastewater discharge permit shall comply with subsection B of this section.
D. Application Contents: All users required to obtain a wastewater discharge permit must submit, at a minimum, the following information. The Superintendent shall approve a form to be used as a permit application. Categorical users submitting the following information shall have complied with 40 CFR section 403.12(b).
1. Identifying Information: The user shall submit the name and address of the facility including the name of the operator and owners;
2. Permits: The user shall submit a list of all environmental control permits held by or for the facility;
3. Description Of Operations: The user shall submit a brief description of the nature, average rate of production, and standard industrial classification of the operation carried out by such industrial user, 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 City of Hayden WWCS and/or POTW; number and type of employees; hours of operation; each product produced by type, amount, process or processes, and rate of production; type and amount of raw materials processed (average and maximum per day) and the time and duration of discharges. This description should also include a schematic process diagram which indicates points of discharge to the City of Hayden WWCS and/or POTW from the regulated or manufacturing processes. Disclosure of site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation.
4. Flow Measurement:
a. Categorical User: The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the City of Hayden WWCS from each of the following:
(1) Regulated or manufacturing process streams; and
(2) Other streams as necessary to allow use of the combined waste stream formula of 40 CFR section 403.6(e).
b. Noncategorical User: The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the City of Hayden WWCS from each of the following:
(1) Total process flow, wastewater treatment plant flow, total plant flow or individual manufacturing process flow as required by the Superintendent.
The Superintendent may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
5. Measurements Of Pollutants:
a. Categorical User:
(1) The user shall identify the applicable pretreatment standards for each regulated or manufacturing process.
(2) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass where required by the categorical pretreatment standard or as required by the City) of regulated pollutants (including standards contained in subsections 8-4-3A through D of this chapter, as appropriate) in the discharge from each regulated or manufacturing process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in section 8-4-6 of this chapter.
(3) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.
(4) Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR section 403.6(e) for a categorical user covered by a categorical pretreatment standard, this adjusted limit along with supporting data shall be submitted as part of the application.
b. Noncategorical User:
(1) The user shall identify the applicable pretreatment standards for its wastewater discharge.
(2) In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration in the discharge (or mass where required by the City) of regulated pollutants contained in subsections 8-4-3A through D of this chapter, as appropriate. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall conform to sampling and analytical procedures outlined in section 8-4-6 of this chapter.
(3) The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.
(4) Where the Superintendent developed alternate concentration or mass limits because of dilution, this adjusted limit along with supporting data shall be submitted as part of the application.
6. Certification: The user shall submit a statement, reviewed by an authorized representative of the user and certified by a qualified professional as outlined in subsection E of this section, indicating whether the applicable 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 the applicable pretreatment standards and requirements.
7. Compliance Schedule: If additional pretreatment and/or O&M will be required to meet the applicable pretreatment standards, the user shall submit the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The user's schedule shall conform with the requirements of subsection 8-4-5C of this chapter. The completion date in this schedule shall not be later than the compliance date established pursuant to subsection 8-4-3I of this chapter.
a. Where the user's categorical pretreatment standard has been modified by a removal allowance (40 CFR section 403.7), the combined waste stream formula (40 CFR section 403.6(e)), and/or a fundamentally different factors variance (40 CFR section 403.13) at the time the user submits the report required by this subsection D, the information required by subsections D6 and D7 of this section shall pertain to the modified limits.
b. If the categorical pretreatment standard is modified by a removal allowance (40 CFR section 403.7), the combined waste stream formula (40 CFR section 403.6(e)), and/or a fundamentally different factors variance (40 CFR section 403.13) after the user submits the information required by subsections D6 and D7 of this section, then a report containing modified information shall be submitted by the user within sixty (60) days after the new limit is approved.
8. Other Information: The user shall submit any other information as may be deemed necessary by the Superintendent to evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
E. Signatory And Certification Requirement: All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:
I certify under penalty of law that this document and all attachments were prepared under my direction or 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.
F. Wastewater Discharge Permit Decisions: The Superintendent will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. Upon a determination to issue, the permit shall be issued within thirty (30) days of full evaluation and acceptance of the data furnished. The Superintendent may deny any application for a wastewater discharge permit.
G. Wastewater Discharge Permit Contents: 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, and protect against damage to the City of Hayden WWCS and/or POTW.
1. Wastewater discharge permits must contain the following conditions:
a. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;
b. A statement that the wastewater discharge permit is nontransferable 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. Applicable pretreatment standards and requirements, including any special State requirements;
d. Self-monitoring, sampling, reporting, notification, submittal of technical reports, compliance schedules 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. Requirement for immediate notification to the City and HARSB where self-monitoring results indicate noncompliance;
f. Requirement to report a bypass or upset of a pretreatment facility;
g. Requirement for the SIU who reports noncompliance to repeat the sampling and analysis and submit results to the City and HARSB within thirty (30) days after becoming aware of the violation;
h. A statement of applicable civil, criminal and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule.
2. Wastewater discharge permits may contain, but need not be limited to, the following conditions:
a. Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;
b. 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;
c. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated or routine discharges;
d. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the City of Hayden WWCS and/or POTW;
e. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the City of Hayden WWCS and/or 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;
h. Any special agreements the Superintendent chooses to continue or develop between the City and user;
i. Other conditions as deemed appropriate by the Superintendent to ensure compliance with this chapter, and State and Federal laws, rules and regulations.
H. Wastewater Discharge Permit Appeals: Any person, including the user, may petition the City to reconsider the terms of a wastewater discharge permit within ninety (90) 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 ninety (90) 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.
5. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the First Judicial District, State of Idaho.
I. Duration Of Permit: Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.
J. Modification Of Permit: The Superintendent may modify the wastewater discharge permit for good cause including, but not limited to, the following:
1. To incorporate any new or revised Federal, State or local pretreatment standards or requirements;
2. To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance;
3. A change in the City of Hayden WWCS and/or POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
4. Information indicating that the permitted discharge poses a threat to the City, HARSB's POTW, HARSB personnel, or the receiving waters;
5. Violation of any terms or conditions of the wastewater discharge permit;
6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required report;
7. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR section 403.13;
8. To correct typographical or other errors in the wastewater discharge permit; or
9. To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
K. Transfer Of Permit:
1. Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least ninety (90) 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 as of the date of facility transfer. Provided that the above occurs and that there were no significant changes to the manufacturing operation or wastewater discharge, the new owner will be considered an existing user and be covered by the existing limits and requirements in the previous owner's permit.
L. Revocation Of Permit:
1. Wastewater discharge permits may be revoked for, but not limited to, 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 conditions;
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 discharge 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; or
m. If the City has to invoke its emergency provision as cited in subsection 8-4-10G of this chapter.
n. 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 cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
M. Reissuance Of Permit: A user who is required to have a wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application, in accordance with subsection D of this section, a minimum of one hundred twenty (120) days prior to the expiration of the user's existing wastewater discharge permit. A user whose existing wastewater discharge permit has expired and who has submitted its reapplication in the time period specified herein shall be deemed to have an effective wastewater discharge permit until the City issues or denies the new wastewater discharge permit. A user whose existing wastewater discharge permit has expired and who failed to submit its reapplication in the time period specified herein will be deemed to be discharging without a wastewater discharge permit. (Ord. 276, 11-10-1998; amd. Ord. 596, 5-24-2019)