(A) Wastewater permit application.
(1) Permit required. It shall be unlawful to discharge industrial wastes to the POTW without first making application for and complying with requirements stipulated in a wastewater discharge permit issued by the city.
(2) Permit application. All significant industrial users, and other users as may be required by the city, shall submit an application for a wastewater discharge permit to the city at least 90 days prior to connecting to or discharging to the POTW. All existing significant industrial users connected to or discharging to the POTW, and which have not previously applied for a wastewater discharge permit, shall apply for a discharge permit within 180 days of the effective date of this chapter. All new sources shall give estimates of the information requested in divisions (A)(2)(d) through (g) of this section. Each application shall include:
(a) Name and address of applicant;
(b) A list of any environmental control permits held by the facility;
(c) A description of operations, including the nature, rate of production and standard industrial classification (SIC) of the operation(s). This description shall include a schematic process diagram which indicates the point(s) of discharge to the POTW;
(d) Measured average daily and 30-minute peak wastewater flow, in million gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the city due to cost or feasibility;
(e) Results of sampling and analysis of regulated pollutants from each regulated process. For pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics a minimum of four grab samples must be analyzed. For all other pollutants a minimum of one 24-hour flow proportional composite sample must be obtained. Samples should be taken immediately downstream of pretreatment facilities if such exist or immediately downstream of regulated processes if no pretreatment facilities exist. The samples shall be representative of the daily operations;
(f) Raw materials utilized and their amounts;
(g) Type and amount of product produced. For industrial users subject to equivalent mass or concentration limits established by the city, this report shall include a reasonable measure of the user's long term production rate. For industrial users subject to production based standards, this report shall include the user's actual production during the appropriate sampling period;
(h) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
1. The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this chapter including, but not limited to, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this chapter.
2. Under no circumstances shall the city permit a time increment for any single step directed toward compliance which exceeds 12 months.
3. Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the city, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if 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 discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between these progress reports to the city.
(i) All sanitary laterals shall have an inspection and sampling manhole accessible at all times to the city for use in sampling the industry's discharge to assure compliance with this chapter.
(j) The permit application shall be signed by an authorized representative of the discharger.
(3) Permit acceptance. The city shall evaluate the data furnished by the discharger and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided herein. The city reserves the right to reevaluate all industrial dischargers at any time and require a permit to be issued.
(B) Wastewater discharge permit conditions.
(1) Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and any other applicable regulations, user charges and fees established by the city. Permits may contain the following specific conditions:
(a) Statement of duration including issuance and expiration dates.
(b) Limits on average and maximum allowable levels of wastewater discharge constituents and characteristics.
(c) Limits on average and maximum rate and time of discharge or requirements for flow regulation or equalization.
(d) Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(e) Schedules for attaining compliance.
(f) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests, and reporting requirements.
(g) Requirements for maintaining and retaining pretreatment facility, records relating to wastewater discharge as specified by the city, and affording the city access thereto.
(h) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the POTW.
(i) Requirements for notification of slug discharges.
(j) Requirements for submission of technical reports or discharge reports.
(k) Requirements for developing and implementing spill and slug control plans.
(l) Applicable charges and fees.
(m) Other conditions as deemed necessary by the city to ensure compliance with this chapter.
(2) Permit duration.
(a) Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than one year or may be stated to expire on a specific date.
(b) All permit holders shall apply for permit reissuance a minimum of 180 days prior to the expiration of the existing permit.
(c) The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements are modified or other just cause exists. The permit holders shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change.
(d) Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(3) Nontransferability. Wastewater discharge permits are issued to a specific industrial discharger for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, industrial discharger or different premises without written consent from the City Manager.
(4) Permit revisions.
(a) The city reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance by the city with applicable pretreatment standards and requirements. Industrial users with an effective discharger permit shall be informed of any proposed changes to the permit at least 30 days prior to the effective date of any such changes. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(b) Within 12 months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permits of dischargers subject to the Standard shall be revised to require compliance with the Standard within the time frame prescribed by the Standard.
(c) Where a discharger subject to a National Categorical Pretreatment Standard has not previously submitted an application as required, the discharger shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable National Categorical Pretreatment Standard.
(C) Reporting requirements.
(1) Final compliance reports. Any industrial user subject to Categorical Pretreatment Standards shall submit a report indicating whether the user has achieved compliance with these standards. This report is to be submitted to the Director within 90 days following the date for final compliance with applicable Categorical Pretreatment Standards, or in the case of a new source discharger, within 90 days following commencement of the introduction of wastewater into the POTW. The following information shall be included:
(a) Measured average daily and maximum flows of regulated process streams and other nonregulated streams;
(b) Results of sampling and analysis of regulated pollutants from each regulated process. For pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics a minimum of four grab samples must be analyzed. For all other pollutants a minimum of one 24-hour flow proportional composite sample must be obtained. Samples should be taken immediately downstream of pretreatment facilities if such exist or immediately downstream of regulated processes if no pretreatment facilities exist. The samples shall be representative of the daily operations;
(c) For industrial users subject to equivalent mass or concentration limits established by the Superintendent, this report shall include a reasonable measure of the user's long term production rate. For industrial users subject to production based standards, this report shall include the user's actual production during the appropriate sampling period;
(d) A statement indicating whether pretreatment standards are being met on a consistent basis, and if not, a statement indicating whether additional pretreatment or operation and maintenance will be required to meet the pretreatment standards. Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment; and,
(e) The certification statement signed by an authorized representative of the discharger.
(2) Periodic compliance reports. All industrial users shall submit periodic compliance reports indicating the nature and concentration of pollutants in their discharge. The frequency of monitoring and reporting shall be as prescribed in the industrial user's wastewater discharge permit.
(a) If sampling performed by any industrial user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results within 30 days after becoming aware of the violation. Results of sampling above the minimum required shall also be reported if analysis were conducted according to methodology in division (C)(3) of this section.
(b) These reports shall include the certification statement and shall be signed by an authorized representative of the discharger.
(3) Sampling and analytical methodology. All measurements, tests, and analysis shall be performed in accordance with procedures contained in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not include sampling or analytical techniques for the regulated pollutant(s), alternative procedures shall be approved by the Director. All measurements, tests, and analyses of the characteristics of wastewater performed by an industrial user shall be at the user's expense.
(4) Signatory requirements. All reports required under this section shall include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii) and shall be signed by:
(a) A president, secretary, treasurer, or vice president of a corporation;
(b) A general partner or proprietor if the industrial user is a partnership or sole proprietorship respectively; or,
(c) A duly authorized representative of the above if the authorization is previously made in writing to the Director.
(5) Compliance schedules. When, in the opinion of the Director, it becomes necessary for industrial users to install technology or provide additional operation and maintenance (O and M) to meet any condition of this chapter or applicable administrative order, the Director shall require the development of the shortest schedule by which the industrial user will provide this additional technology or O and M.
(a) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events. Under no circumstances shall any increment exceed nine months.
(b) 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 Director including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken to return to the schedule established.
(D) Monitoring facilities.
(1) Each industrial user, as directed by the Director shall install and operate, at the user's own expense, a monitoring facility to allow inspection, sampling, and flow measurement of each sanitary lateral that discharges to the city. Each monitoring facility shall be situated on the discharger's premises. Where such a location would be impractical or cause undue hardship on the discharger, the city may concur with the facility being constructed in the public street or sidewalk area providing the facility is located so that it will be accessible at all times. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis.
(2) The monitoring facility shall have an inspection and sampling manhole or structure with an opening of no less than 24 inches in diameter and an internal diameter of no less than 48 inches and shall contain such flow measuring, recording, and sampling equipment as may be required by the city to ensure compliance with this chapter. The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharges. All monitoring facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications.
(E) Inspecting and sampling. The discharger shall allow the Director or his or her representative to enter upon the premises of the discharger during any reasonable hour for the purposes of inspection, sampling, and records examination and copying to determine compliance with the requirements of this chapter. Where the industry has security measures in force which require proper identification and clearance before entry, the discharger shall make necessary arrangements so that the Director or his or her representative will be permitted entry without delay. The city shall have the right to set up on the discharger's property necessary devices to conduct sampling, inspection, compliance monitoring, metering operations, or all of these.
(F) Confidential information. Information and data furnished to the city with respect to the nature and frequency of discharge shall be available to the public or other government agency without restriction unless the discharger specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge trade secrets or proprietary information. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the city as confidential shall be made available to governmental agencies upon written request.
(G) Records retention. All industrial users shall retain and preserve for no less than three years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to monitoring, sampling, and chemical analyses made by or on behalf of an industrial user in connection with its discharge. All records which pertain to materials which are subject to administrative adjustment or any other enforcement or litigation activities brought by the city pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(Ord. 8623, passed 1-14-03; Am. Ord. 9622, passed 11-27-07
) Penalty, see § 914.99