7-4-16: INDIRECT DISCHARGE PERMIT (IDP):
   A.   Minor Nondomestic Users: The city may, in its discretion, issue a general discharge permit to a minor nondomestic user (MIU) to ensure compliance with applicable pretreatment requirements including implementation of an accidental spill prevention plan, installation and operation of pretreatment facilities, or required BMPs. If a permit is issued, the user shall pay the applicable charges and fees and meet such other conditions as required by the city.
   B.   Significant Nondomestic Users:
      1.   No significant nondomestic industrial user shall discharge wastewater into the POTW without first obtaining an indirect discharge permit. Any violation of the terms and conditions of an indirect discharge permit shall be deemed a violation of this chapter and subjects the user or permittee to the sanctions set out in this chapter. Obtaining an indirect 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 laws.
      2.   The city shall issue to each significant nondomestic user an indirect discharge permit, which will be based on information in the data disclosure form and include:
         a.   Any fees and charges to be paid upon initial issuance.
         b.   Limits on the average and maximum wastewater pollutant concentrations, loadings or characteristics.
         c.   Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
         d.   Self-monitoring requirements including flow monitoring frequency and method, sampling frequencies, number, types and standards for tests.
         e.   Authorized points of discharge and regulated processes.
         f.   Requirements for installation and maintenance of inspection and sampling facilities.
         g.   Compliance schedules.
         h.   Special conditions as the city may reasonably require, such as sampling locations or circumstances of a given discharge.
         i.   Reporting requirements including, but not limited to, notification of accidental spills, noncompliance, and discharge/process changes.
         j.   Requirements for submission of special technical reports or discharge reports where same differs from those prescribed by this chapter.
         k.   Any special agreements the city chooses to continue or develop between the city and the permittee.
         l.   Standard conditions as apply to all significant industrial users.
      3.   Indirect discharge permits shall be issued for a specific time period, not to exceed five (5) years. Each permit shall indicate an effective date and an expiration date.
      4.   Indirect discharge permits are issued to a specific user for a specific operation and are not assignable to another user or transferable to any other location without prior written approval of the city.
      5.   Indirect discharge permits shall be voidable upon cessation of operations or transfer of business ownership. The indirect discharge permit issued to a particular user is void upon the issuance of a new indirect discharge permit to that user.
      6.   The city may authorize a significant user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by categorical pretreatment standard if the user has demonstrated through sampling and other technical factors that the pollutant is neither present nor expected to be present in the discharge, or is present only at background levels from the intake water and without an increase in the pollutant due to activities by the user. The authorization is subject to the conditions as outlined in CFR 403.12(e)(2)(i) through (vii).
      7.   The city may authorize a significant user subject to a categorical pretreatment standard to reduce its reporting requirement to no less frequently than once a year, unless required more frequently in a pretreatment standard or by the approval authority, where the user meets all of the conditions outlined in CFR 403.12(e)(3).
   C.   Extrajurisdictional Users: Any user located beyond the city limits required to obtain an indirect discharge permit shall submit a permit application (DDF) as outlined in section 7-4-14 of this chapter.
   D.   Temporary Indirect Discharge Permits: The city may issue indirect discharge permits to address temporary nondomestic discharges to the POTW. Each temporary discharge must receive prior written approval from the city. Wastewater sources that are subject to temporary permitting include, but are not limited to, stormwater, ground water, cooling water, process water, cleanup water from spills, leaking underground storage tanks, and monitoring wells. Each temporary discharge permit must be reviewed and reissued if the user wishes to discharge past the original expiration date. Users issued temporary indirect discharge permits shall pay all applicable charges and fees and meet such other conditions as required by the city.
   E.   Indirect Discharge Permit Appeals: Users will be provided with a draft permit for their review and comment prior to permit issuance. Any person, including the user, may petition the city to reconsider the terms of an indirect discharge permit as follows:
      1.   The written petition must be filed with the city clerk within twenty (20) days of the permit's issuance. Failure to submit a timely petition for reconsideration shall be deemed a waiver of the right to appeal.
      2.   In its petition, the appealing party must indicate the specific permit conditions objected to, the reasons for this objection, and shall present alternative conditions to meet the intent of this chapter.
      3.   The effectiveness of the permit shall not be stayed pending the appeal.
      4.   The public works director or his/her designee shall provide written action to the appealing party within ten (10) working days from the date the appeal was filed. If the public works director or his/her designee fails to respond within ten (10) working days, the petition for reconsideration shall be deemed denied.
      5.   Decisions of the public works director or his/her designee regarding the petition for reconsideration may be appealed to the city council by filing a written request for appeal with the city clerk within fifteen (15) days of the decision of the public works director or his/her designee. The city clerk shall address the appeal at its next scheduled meeting. The appealing party may appear and present evidence and testimony at such meeting. The decision of the city council regarding the petition shall be in writing.
      6.   Decisions of the Horseshoe Bend city council may be appealed within twenty (20) days from the city's ruling to the district court for the fourth judicial district of the state of Idaho.
   F.   Indirect Discharge Permit Modifications: The terms and conditions of an indirect discharge permit may be subject to modification by the city of Horseshoe Bend at any time as limitations or requirements are modified or other just cause exists. Any permit modifications, which result in new conditions, shall include a reasonable time schedule for compliance as determined by the city of Horseshoe Bend. Other reasons for modification include, but are 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 since the time of permit issuance or the last modification;
      3.   A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
      4.   To incorporate special conditions resulting from the issuance of a special order or an enforcement action; or
      5.   Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters;
      6.   Violation of any terms or conditions of the wastewater discharge permit;
      7.   Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
      8.   Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
      9.   To correct typographical or other errors in the indirect discharge permit.
   G.   Indirect Discharge Permit Reissuance: A user, required to have an indirect discharge permit, shall submit a written request for permit renewal at least sixty (60) days prior to permit expiration. The city shall then provide the user with the necessary renewal forms and instructions. A user, whose existing indirect discharge permit has expired and has submitted its renewal application request within the specified time period, shall be deemed to have an effective indirect discharge permit until the city issues or denies a new indirect discharge permit. A user, whose existing indirect discharge permit has expired and that fails to submit its renewal application request within the specified time period, shall be deemed to be discharging without an indirect discharge permit and shall be in violation of the same.
   H.   Indirect Discharge Permit Revocation: Indirect discharge permits may be revoked for, but not limited to, the following reasons:
      1.   Failure to notify the city of significant changes to the wastewater prior to the changed discharge;
      2.   Failure to provide prior notification to the city of changed conditions;
      3.   Misrepresentation or failure to fully disclose all relevant facts in the data disclosure form or subsequent permit renewal submittals;
      4.   Falsifying self-monitoring reports;
      5.   Tampering with monitoring equipment;
      6.   Refusing to allow the city timely access to the facility premises and records;
      7.   Failure to meet discharge limitations;
      8.   Failure to pay fines;
      9.   Failure to meet compliance schedules;
      10.   Failure to complete a wastewater survey or the wastewater discharge permit application;
      11.   Failure to provide advance notice of the transfer of a permitted facility;
      12.   If the city has to invoke its emergency provisions;
      13.   Violation of any pretreatment standard or requirement, or any terms of an indirect discharge permit or this chapter. (Ord. 228, 6-10-2009)