(A) Permit necessary.
(1) It shall be unlawful to discharge sewage, non-domestic wastes or any other wastes into any sewer outlet within the jurisdiction of the city without having been issued a wastewater discharge permit if the discharger:
(a) Is subject to National Categorical Pretreatment Standards as promulgated by the EPA;
(b) Discharges non-domestic wastewater in the amount equal to or exceeding 10,000 gallons per day;
(c) Contributes a non-domestic waste stream exceeding 5% of the dry weather hydraulic or organic capacity of the wastewater treatment plan; or
(d) Has a reasonable potential to adversely affect the treatment plant processes by inhibition, pass-through of pollutants, sludge contamination or endangerment of treatment plant personnel.
(2) Prospective non-domestic users of any sewer which are subject to the provisions of division (A)(1) above shall obtain a wastewater discharge permit prior to connecting to or discharging into the wastewater system and shall apply for the permit at least 90 days prior to anticipated connection.
(3) All existing nonresidential dischargers who are subject to the provisions of division (A)(1) above shall apply for a wastewater discharge permit within 30 days after the effective date of this chapter.
(B) Permit application fee.
(1) Applications for wastewater discharge permits shall be procured from the Superintendent.
(2) Dischargers subject to the provisions of division (A)(1) above shall obtain from, complete and file with the Superintendent a permit application on a form prescribed by the Board of Public Works and Safety.
(3) A wastewater discharge permit application fee of $350 shall be paid when the permit application is filed.
(4) Within 90 days after receipt of the application for discharge permit, the Superintendent shall review the application for compliance with the terms and conditions of this article and shall make recommendations to the Board of Public Works and Safety.
(5) The Board of Public Works and Safety shall review the Superintendent's recommendations and shall approve or reject the application.
(6) If the board of Public Works and Safety finds the applicant to be in compliance, it shall approve the application and a permit to discharge shall be issued by the Superintendent subject to the imposition of reasonable terms and conditions.
(7) If the Board of Public Works and Safety and the Superintendent, rejects the application for non-compliance, they shall establish a compliance schedule and require compliance schedule reports and compliance date reports on forms supplied by the Superintendent.
(C) Wastewater discharge permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for less than five years, at the discretion of the Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(D) Wastewater discharge permit contents.
(1) A wastewater discharge permit shall include conditions as are deemed reasonably necessary by the Superintendent 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. Wastewater discharge permits must contain:
(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
(b) A statement that the wastewater discharge permit is non-transferable without prior notification to the city in accordance with division (G) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c) Effluent limits based on applicable pretreatment standards;
(d) Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state and local law; and
(e) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. The schedule may not extend the time for compliance beyond that required by applicable federal, state or local law.
(2) Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(b) 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;
(c) 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;
(d) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(e) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(f) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(g) A statement that compliance with the 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 wastewater discharge permit; and
(h) Other conditions as deemed appropriate by the Superintendent to ensure compliance with this chapter, and state and federal laws, rules and regulations.
(E) Wastewater discharge permit appeals. The Superintendent shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Superintendent to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.
(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(4) If the Superintendent fails to act within 90 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Superior or Circuit Court within 30 days after final administrative action, pursuant to I.C. 4-21.5-5-5.
(F) Wastewater discharge permit modification. The Superintendent may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(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 volume or character since the time of wastewater discharge permit issuance;
(3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7) Revision of a grant of variance from categorical pretreatment standards pursuant to 40 C.F.R. § 403.13;
(8) To correct a typographical or other errors in the wastewater discharge permit; or
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator.
(G) Wastewater discharge permit transfer.
(1) Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 90-days' advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer.
(2) The notice to the Superintendent must include a written certification by the new owner or operator which:
(a) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(b) Identifies the specific date on which the transfer is to occur; and
(c) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(3) Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
(H) Wastewater discharge permit revocation.
(1) The Superintendent may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) Failure to notify the Superintendent of significant changes to the wastewater prior to the changed discharge;
(b) Failure to provide prior notification to the Superintendent of the changed conditions pursuant to this chapter;
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) Falsifying self-monitoring reports;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the Superintendent timely access to the facility premises and records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(m) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or of this chapter.
(2) Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
(I) Wastewater discharge permit re-issuance. A user with an expiring wastewater discharge permit shall apply for a wastewater discharge permit re-issuance by submitting a complete permit application, in accordance with this section, a minimum of 180 days prior to the expiration of the user's existing wastewater discharge permit.
(J) Regulation of waste received from other jurisdictions.
(1) If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Superintendent shall enter into an inter-municipal agreement with the contributing municipality.
(2) Prior to entering into an agreement required by (J)(l) above, the Superintendent shall request the following information from the contributing municipality: a description of the quality and volume of wastewater discharged to the POTW by the contributing municipality; an inventory of all users located within the contributing municipality that are discharging to the POTW; and other information as the Superintendent may deem necessary.
(3) An inter-municipal agreement, as required by division (H)(1) above, shall contain the following conditions:
(a) A requirement for the contributing municipality to adopt a sewer use ordinance, which is at least as stringent as this chapter, and local limits, which are at least as stringent as those, set out in this chapter. The requirement shall specify that the ordinance and limits must be revised as necessary to reflect changes made to the city's ordinance or local limits;
(b) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(c) A provision specifying which pretreatment implementation activities, including wastewater discharge permits issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Superintendent; and which of these activities will be conducted jointly by the contributing municipality and the Superintendent;
(d) A requirement for the contributing municipality to provide the Superintendent with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(e) Limits on the nature, quality and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;
(f) Requirements for monitoring the contributing municipality's discharge;
(g) A provision ensuring the Superintendent access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling and any other duties deemed necessary by the Superintendent; and
(h) A provision specifying remedies available for breach of the terms of the inter-municipal agreement.
(Ord. 733, passed 12-10-2007) Penalty, see § 59.999