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1. Wastewater Analysis. When requested by the Superintendent, a user must submit information on the nature and characteristics of its wastewater within 5 days of the request. The Superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information.
2. Individual Wastewater Discharge Permit Requirement. Discharge of any industrial waste to the sewer system without a wastewater discharge permit, except as authorized by the City in accordance with the provisions of this Part, is an unauthorized discharge and subject to the penalties provided herein. Each industrial user has an obligation to make reasonable efforts to determine if it is a significant industrial user and therefore subject to the permitting requirements of subsection .3 of this Section.
3. Significant Industrial User. All significant industrial users proposing to discharge wastewater into the POTW shall first obtaining an individual wastewater discharge permit from the City, except that a significant industrial user that has filed a timely application pursuant to subsection .6 of this Section may continue to discharge for the time period specified therein.
4. Other Industrial Users. Industrial users which are not significant industrial users do not require a wastewater discharge permit, but are required to comply with all other provisions of this Part. If an industrial user makes changes to processes, flow, wastewater concentration, wastewater characteristics or other changes which result in the industrial user meeting the definition of significant industrial user, the industrial user shall, immediately upon becoming aware that such a change has occurred, or 90 days prior to such change if it is planned, notify the City and apply for a wastewater discharge permit. The City may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this Part.
5. Permit Violations. Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this Part and subjects the wastewater discharge permittee to the sanctions set out in § 18-518 of this Part. Obtaining an individual 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.
6. Individual Wastewater Discharge Permitting Existing Connections. Any user required to obtain an individual wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this Part and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the City or an individual wastewater discharge permit in accordance with subsection .8 of this Section, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this Part except in accordance with an individual wastewater discharge permit issued by the City.
7. Individual Wastewater Discharge Permitting New Connections. Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with subsection .8 of this Section, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
8. Individual Wastewater Discharge Permit Application Contents. All users required to obtain an individual wastewater discharge permit must submit a permit application in the form prescribed by the City and accompanied by the fee prescribed in the City's schedule of fees. The City may require users to submit all or some of the following information as part of a permit application:
A. The name and address of the facility (or location if different then the address), including the name of the operator and owner.
B. Contact information including the telephone and fax numbers of the personal responsible for the operation of the facility.
C. SIC number or numbers according to the “Standard Industrial Classification Manual,” Bureau of the Budget, 1972, as amended.
D. Environmental Permits. A list of any environmental control permits held by or for the facility.
E. Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged.
F. Time and duration of wastewater discharges.
G. Wastewater constituents and characteristics as required by the City, as determined by a qualified analyst.
(1) Sampling and analyses shall be performed in accordance with procedure established by the EPA pursuant to § 304(g) of the Act and contained in 40 CFR, Part 136, as amended.
(2) Sample results shall be accompanied by a signed statement of the authorized representative that the samples analyzed are representative of the normal discharge during the routine operation of the discharging facility.
H. A brief description of the nature, average rate of production including each product produced by type, amount, processes, and rate of production, and standard industrial classifications of the operation(s) carried out by such user.
I. Types of wastes generated, and 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 POTW.
J. Number and type of employees, hours of operation, and proposed or actual hours of operation of pretreatment facility.
K. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.
L. The location for monitoring all wastes covered by the permit.
M. The measured average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variation in gallons, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in § 18-517.D(2)(c) (40 CFR 403.6(e)).
N. The nature and concentration of any pollutants in the discharge which are limited by any City, State, or national pretreatment requirements (including local limits) or categorical standards, and a statement regarding whether or not the categorical standard or pretreatment requirements are being met on a consistent basis and, if not, how the industrial user proposes to meet the pretreatment standards and requirements, including whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the applicable standard. If the applicant is a categorical industrial user, this statement shall be signed by a certified professional.
O. If additional pretreatment and/or O&M will be required to meet categorical standards or other pretreatment requirements (including local limits), the shortest schedule by which the industrial user will provide such additional pretreatment shall be developed and submitted. The completion date of this schedule shall not be later than the compliance date established for any applicable categorical standard. The following conditions shall apply to this schedule:
(1) The schedule shall contain increments of progress 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 industrial user to meet the applicable categorical standards or other pretreatment requirements (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.)
(2) No increment referred to in subparagraph (1) shall exceed 9 months.
(3) Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the City, including, as a minimum, whether or not it complied with the increment of the progress to be met on such date and, it not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than 9 months elapse between such progress reports to the City.
P. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
Q. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
R. Any other information as may be deemed by the City to be necessary to evaluate the application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
9. Application Signatories and Certifications. All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in § 18- 517.3. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the City prior to or together with any reports to be signed by an authorized representative.
10. Individual Wastewater Discharge Permit Decisions. The City will evaluate the data furnished by the user and may require additional information. The City will then determine whether to issue an individual wastewater discharge permit. The City may deny any application for an individual wastewater discharge permit.
11. Confidentiality of Applications.
A. All information required by the City in the permit application shall be provided by the industrial user to the best of its ability.
B. If information regarding raw materials, processes, production rates or other manufacturing information is regarded as confidential by the industrial user, such information shall be marked “confidential” on the application form.
C. Confidentiality shall not apply to information regarding the flow of or the constituents in the industrial wastewater discharge.
D. Information accepted by the City as confidential shall be handled as detailed in § 18-517.14 of this Part.
12. Individual Wastewater Discharge Permit Duration. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed 5 years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than 5 years, at the discretion of the City. Each individual wastewater discharge permit will indicate a specific date upon which it will expire. The industrial user shall apply for reissuance of the wastewater discharge permit a minimum of 180 days prior to the expiration of the industrial user's existing wastewater discharge permit. The terms and conditions of the wastewater discharge permit may be subject to modification by the City during the term of the wastewater discharge permit as limitations or requirements as indicated in § 18-513 are modified or other just cause exists. The industrial user shall be informed of any proposed changes in its wastewater discharge permit at least 30 days prior to the effective date of change. Any changes or new conditions in the wastewater discharge permit shall include a reasonable time schedule for compliance.
13. Delayed Permit Renewal.
A. If the industrial user has complied with the terms of the wastewater discharge permit and this Part, and has applied for renewal as provided for in subsection .12 of this Section and the wastewater discharge permit is not renewed on or before the expiration date through no fault of the industrial user, then the existing wastewater discharge permit shall remain in effect until it is re-issued or rescinded by the City.
B. If the wastewater discharge permit is not renewed because of a failure of the industrial user to apply for renewal in a timely fashion or through an act or omission of the industrial user, then discharge of industrial waste by the industrial user without a wastewater discharge permit is an unauthorized discharge and is subject to the enforcement provisions of this Part.
14. Appeal of Wastewater Discharge Permits.
A. Any industrial user that is issued a wastewater discharge permit may appeal the permit conditions, in whole or in part. Appeal procedures shall be set forth in § 18-518.10 of this Part.
B. During the process of appeal, the wastewater discharge permit shall remain in effect and shall be enforced with the exception of those conditions specified in writing in the appeal. Conditions imposed by Federal or State regulations (e.g., categorical standards) shall not be waived. Conditions which, in the opinion of the City, would set hazard or pose potential threat of pollution if waived, shall not be waived during an appeal.
15. Individual Wastewater Discharge Permit Contents. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the City 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. Individual wastewater discharge permits must contain:
(1) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date.
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with subsection .16 of this Section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(3) Effluent limits, including best management practices, based on applicable pretreatment standards.
(4) Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
(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.
(6) Requirements to control slug discharge, if determined by the City to be necessary.
B. Wastewater discharge permits shall be expressly subject to all provisions of this Part and all other applicable regulations, user charges and fees established by the City. Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.
(2) Limits on the average and maximum wastewater constituents and characteristics, including local limits and/or categorical standards, as applicable.
(3) 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.
(4) 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 such as slug load as per § 18-513.11.
(5) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
(6) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.
(7) Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices.
(8) A statement that compliance with the individual 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 individual wastewater discharge permit.
(9) List of prohibited discharges, as presented in § 18-513 of this Part.
(10) Requirements for submission of technical reports or discharge reports, including the information to be contained and the signatory requirement of these reports.
(11) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
(12) Requirements for maintaining and retaining records relating to industrial waste and wastewater discharges and characteristics as specified by the City and affording the City access thereto.
(13) Requirements for installation and maintenance of pretreatment facilities.
(14) Compliance schedules.
(15) Other conditions as deemed appropriate by the City to ensure compliance with this Part, and State and Federal laws, rules, and regulations.
16. Transferability of Permits. Wastewater discharge permits are issued to a specific industrial user for specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new person, new industrial user, different premises or a new or changed operation without the approval of the City. Any succeeding industrial user shall also comply with the terms and conditions of the existing wastewater discharge permit. The City may, at its discretion, deny the transfer of a wastewater discharge permit and require application for a new wastewater discharge permit under the provision of this Section.
17. Permit Modification. The City may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements.
B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance.
C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
D. Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters.
E. Violation of any terms or conditions of the individual wastewater discharge permit.
F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.
H. To correct typographical or other errors in the individual wastewater discharge permit. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with subsection .16 of this Section.
18. Change in Operations. Each user must notify the City of any significant changes to the user's operations or system including manufacturing processes, raw materials, auxiliary processes, pretreatment processes, or other changes which might alter the nature, quality, volume or flow rate of its wastewater at least 30 days before the change, or if unplanned, immediately upon making the change. The report shall include all information necessary to determine the effect on the wastewater of the change.
A. The City may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 18-514.8 of this Part.
B. The City may, on receipt of such a report:
(1) Continue an existing wastewater discharge permit in effect.
(2) Require application for a new wastewater discharge permit.
(3) Modify an existing wastewater discharge permit to reflect the changed nature of the waste.
(4) Rescind and re-issue an existing wastewater discharge permit in order to make substantial changes in wastewater discharge permit conditions.
(5) Revoke an existing wastewater discharge permit ore require the industrial user to cease or prevent the discharge.
(6) Take such action as it deems appropriate.
(Ord. 7-6-2010, 7/6/2010, § 3.6)