(A) Wastewater analysis. When requested by the Superintendent, a user must submit information on the nature and characteristics of their wastewater within 15 days of the request. The Superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of the subchapter.
(B) Individual wastewater discharge permit and general permit requirement.
(1) No significant industrial user shall discharge wastewater into the city’s POTW without first obtaining an individual wastewater discharge permit or general permit from the Superintendent, except that a significant industrial user that has filed a timely application pursuant to division (C) of this section may continue to discharge for the time period specified therein.
(2) The Superintendent may require other users, including liquid waste haulers, to obtain individual wastewater discharge permits or general permits as necessary to carry out the purpose of this subchapter.
(3) Any violation of the terms and conditions of an individual wastewater discharge permit or a general permit shall be deemed a violation of this subchapter and subjects the wastewater discharge permittee to the sanctions set out in §§ 51.37 through 51.39. Obtaining a wastewater discharge permit or general 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 or local law.
(C) Individual wastewater discharge and general permitting: existing connections. Any user required to obtain an individual wastewater discharge permit or a general permit who was discharging wastewater into the POTW prior to the effective date of this subchapter and who wishes to continue such discharges in the future, shall, within 180 days after said date, apply to the Superintendent for an individual wastewater discharge permit or a general permit in accordance with division (F) of this section, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this subchapter except in accordance with an individual wastewater discharge permit or general permit issued by the Superintendent. Notwithstanding anything else contained herein to the contrary, however, any significant industrial user which as of the effective date of this subchapter already has a wastewater discharge permit issued by the city, need not reapply; as said existing permits shall remain in full force and effect, except that the same shall be hereby modified to incorporate any new requirements and/or discharge limits set by this subchapter.
(D) Individual wastewater discharge and general permitting: new connections. Any user required to obtain an individual wastewater discharge permit or general 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 wastewater discharge permit must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.
(E) Individual wastewater discharge and general permit application contents.
(1) All users required to obtain an individual wastewater discharge permit or general permit must submit a permit application. Users that are eligible may request a general permit under division (F) of this section. The Superintendent may require users to submit all or some of the following information as part of a permit application:
(a) Identifying information:
1. The name and address of the facility, including the name of the operator and owner; and
2. Contact information, description of activities, facilities, and plant production processes on the premises;
(b) Environmental permits. A list of any environmental control permits held by or for the facility;
(c) Description of operations:
1. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and the 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;
2. Types of wastes generated, and a list of raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
3. Number and types of employees, hours of operation, and proposed or actual hours of operation;
4. Type and amount of raw materials processed (average and maximum per day); and
5. 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;
(d) Time and duration of the discharges;
(e) The location for monitoring all wastes covered by the permit;
(f) Flow measurement. 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 § 51.24(C), 40 C.F.R. 403.6(e);
(g) Measurement of pollutants:
1. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources;
2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge from each of the regulated processes;
3. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported;
4. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 51.33(J). Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Superintendent or the applicable standards to determine compliance with the standard;
5. Sampling must be performed in accordance with procedures set out in § 51.33(K);
(h) Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on § 51.33(D)(2), 40 C.F.R. 403.12(e)(2);
(i) Any request to be covered by a general permit based on division (F) of this section; and
(j) Any other information as may be deemed necessary by the Superintendent to evaluate the discharge permit application.
(2) Incomplete and inaccurate applications will not be processed and will be returned to the user for revision.
(F) Wastewater discharge permitting: general permits.
(1) At the discretion of the Superintendent, the Superintendent may use general permits to control SIU discharges to the POTW if the following conditions are met. All facilities to be covered by a general permit must:
(a) Involve the same or substantially similar types of operations;
(b) Discharge the same types of wastes;
(c) Require the same effluent limitations;
(d) Require the same or similar monitoring; and
(e) In the opinion of the Superintendent, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
(2) To be covered by the general permit, the SIU must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any requests in accordance with § 51.33(D)(2) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the POTW deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the Superintendent has provided written notice to the SIU that such a waiver request has been granted in accordance with § 51.33(D)(2).
(3) The Superintendent will retain a copy of the general permit, documentation to support the POTW’s determination that a specific SIU meets the criteria in division (F)(1)(a) to (e) of this section and applicable state regulations, and a copy of the user’s written request for coverage for 3 years after the expiration of the general permit. Note: see 40 C.F.R. 403.8(f)(1)(iii)(A)(1) through (5).
(4) The Superintendent may not control an SIU through a general permit where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the combined wastestream formula (§ 51.24(C)) or net/gross calculations (§ 51.24(D)). Note: See 40 C.F.R. 403.6(e) and 40 C.F.R. 403.15.
(G) Application signatories and certifications.
(1) 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 § 51.33(N)(1).
(2) 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 Superintendent prior to or together with any reports to be signed by an authorized representative.
(H) Individual wastewater discharge and general permit decisions. The Superintendent will evaluate the data furnished by the user and may require additional information. Within 30 days of the receipt of a complete permit application, the Superintendent will determine whether or not to issue an individual wastewater discharge permit or a general permit. If no determination is made within this time period, the application will be deemed denied. The Superintendent may deny any application for a wastewater discharge permit or general permit.
(Ord. 1785, passed 12-9-2002; Am. Ord. 2158, passed 1-26-2009)