(a) General permit requirements are as follows:
(1) No person shall discharge or cause to be discharged any water or waste as described in subsection 16-45(a), directly or indirectly, to sewerage facilities owned by the urban county government without first applying for a permit for industrial waste water discharge and receiving final action on such application; nor shall any person discharge or cause to be discharged into the sewerage system any pollutant except in compliance with federal standards promulgated pursuant to prevailing federal law, and any more stringent state and local standards.
(2) A permit for industrial waste water discharge may require restriction of peak flow discharges, discharge of certain waste waters only to specified sewers of the urban county government, relocation of point of discharge, prohibition of discharge of certain waste water components, restriction of total mass (pounds) discharged of constituents described in section 16-43, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the urban county government created by the waste water discharge, and such other conditions as may be required to effectuate the purpose of this chapter.
(3) Each holder of a permit for industrial waste water discharge shall conform to any federal pretreatment standards and/or other applicable requirements promulgated by the Environmental Protection Agency in accordance with applicable federal law, including but not restricted to those requirements specified in 40 CFR 403.12 or more stringent state or local standards.
(4) No permit for industrial waste water discharge is transferable without the prior written consent of the director, division of water quality.
(5) No person shall discharge industrial waste waters in excess of the quantity or quality limitations set by the permit for industrial waste water discharge. Any person desiring to discharge waste waters or use facilities which are not in conformance with the permit should apply to the urban county government for an amended permit.
(6) Each significant industrial user shall provide protection from accidental and/or slug discharges of prohibited materials or other substances regulated by this article. Facilities to prevent accidental and slug discharges of prohibited materials shall be provided and maintained at the owner's or user's cost and expense. The director, division of water quality, will determine whether each significant industrial user needs to develop a plan to control slug discharges. Significant Industrial Users shall notify the director, division of water quality immediately of any changes at its facility affecting potential for a slug discharge. If the director, division of water quality, decides that a slug control plan is needed, the plan shall contain the following:
(a) Description of discharge practices, including non-routine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the POTW, including any discharge that would violate a prohibition under section 16-43 with procedures for follow-up written notification within five days;
(d) If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measure for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
Where spill prevention or contingency plans are already in existence, the director shall accept the existing plan but shall retain authority to impose additional or differing requirements where reasonably necessary to assure compliance with the intent of this chapter.
(7) In the case of all possible or accidental and/or slug discharges, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include the location of discharge, type of waste, concentration and volume, and corrective actions taken.
(8) Within five (5) days following an accidental and/or slug discharge, the user shall submit to the director, division of water quality, a detailed written report describing the causes of discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of other notification responsibilities, any fines, civil penalties or other liability which may be enforced by this chapter, the enforcement response plan or other applicable laws or regulations.
(9) It is the responsibility of each industrial user to ensure that all employees who may cause or suffer such a dangerous discharge to occur be advised of the emergency notification procedure and that emergency numbers are posted for easy reference.
(b) Applicants for a permit for industrial waste water discharge shall complete an application form available at the office of the director, division of water quality. The permit shall remain in effect for three (3) years unless revised prior to that date. The permit fee shall be one hundred fifty dollars ($150.00) for the initial application and seventy-five dollars ($75.00) thereafter for the permit renewal or revision. A revised permit application must be submitted upon any major changes in process control or pretreatment procedures that affect the constituents of the waste stream.
Upon receipt of the permit fee prescribed in subsection (f) below and of all required information, the application shall be processed and, upon approval, be signed by the director, division of water quality and one (1) copy returned to the applicant. When properly signed, the application form shall constitute a valid permit for industrial waste water discharge.
The application shall be approved if the applicant has complied with all applicable requirements of this chapter and furnished to the urban county government all requested information and if the director, division of water quality determines that there is adequate capacity in the sewerage facilities to convey, treat and dispose of the waste waters.
(c) The urban county government may change the restrictions or conditions of a permit for industrial waste water discharge from time to time as circumstances may require. The urban county government shall allow an industrial discharger a reasonable period of time to comply with any changes in the permit required by the urban county government.
(d) New sources shall install and have in operating condition and shall "start-up" all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. Within the shortest feasible time (not to exceed ninety (90) days), new sources must meet all applicable pretreatment standards.
(e) A permit for industrial waste water discharge may be suspended or revoked when such action is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment or to the urban county government's sewerage system as provided in section 16-204.
Any discharger notified of a suspension or revocation of his permit shall immediately cease and desist the discharge from all points to any public sewer that is tributary to the sewerage system not in compliance with sections 16-42, 16-43 and subsection 16-45(a). In the event of a failure of the discharger to comply voluntarily with the suspension order, the director, division of water quality shall take such steps as are reasonably necessary to ensure compliance, including disconnection of or blocking of the discharger's sewer.
The director, division of water quality shall reinstate the permit on proof of satisfactory compliance with all discharge requirements of the urban county government.
a. Failure to factually report the waste water constituents and characteristics of his discharge;
b. Failure of the user to report significant changes in operations or waste water constituents and characteristics;
c. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring by a representative of the LFUCG.
After revocation of a permit, before any further discharge of industrial waste water may be made by a discharger, he must apply for a new permit for industrial waste water discharger and pay all charges that would be required upon initial application, together with all delinquent fees, charges and penalties, and such other sums as the discharger may owe to the urban county government. Costs incurred by the urban county government in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before issuance of a new permit for industrial waste water discharge.
(g) Further, to effectuate the purpose of this section 16-46, all holders of permits for industrial waste water discharge shall, at least semiannually (during the months of June and December), furnish the director, division of water quality a written report on a form furnished by division of water quality on the quantity and quality of the discharge as demonstrated by parameters specified by the director, division of water quality. Such specification of parameters, however, does not relieve the discharger from reporting any and all other data that may be necessary to ensure compliance with the permit or any other section of this article.
(h) Permit holders subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying upon reasonable request, all records of information obtained pursuant to any monitoring activities required by this chapter, any additional records of information obtained pursuant to monitoring activities undertaken by the permit holder independent of such requirements, and documentation associated with "best management practices" established by the urban county government. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any related litigation concerning the permit holder or where the permit holder has been specifically notified of a longer retention period by the director, division of water quality.
(Ord. No. 126-83, § 1, 7-21-83; Ord. No. 164-84, § 1, 9-20-84; Ord. No. 165-89, §§ 8, 9, 8-31-89; Ord. No. 234-91, §§ 7, 8, 11-14-91; Ord. No. 143-2009, § 15, 7-7-09; Ord. No. 130-2012, §§ 3—5, 10-25-12)