1040.121   INDUSTRIAL DISCHARGE PERMIT SYSTEM.
   (a)   Industrial Discharge Permits Required.
      (1)   All significant industrial users proposing to connect to or discharge into any part of the wastewater treatment system must first obtain a discharge permit therefor. All existing significant industrial users connected to or discharging to any part of the City system shall apply for a wastewater discharge permit within ninety days from and after the effective date of this chapter, and shall not cause or allow discharges to the POTW to continue after 180 days after the effective date of this section except in accordance with a permit issued by the Director. New connections shall apply for a permit at least ninety days prior to the anticipated start up date.
      (2)   It shall be unlawful for significant industrial users to discharge wastewater, either directly or indirectly, to the POTW without first obtaining an industrial discharge permit from the Director. Any violation of the terms and conditions of an industrial discharge permit shall be deemed a violation of this chapter. Obtaining an industrial discharge permit does not relieve a permittee of its obligation to obtain other permits required by federal, state, or local law.
   (b)   Permit Application.
      (1)   Users seeking a wastewater discharge permit shall complete and file with the Director an application on the form prescribed by the Director, and accompanied by the applicable fee. In support of this application, the user shall submit the following information:
         A.   Current information to update the baseline monitoring report, pursuant to Section 1040.12(a);
         B.   Any other information deemed by the Director to be necessary to evaluate the permit application; and
         C.   The permit application shall be signed in accordance with the signatory requirements in Section 1040.12(h).
      (2)   The Director shall evaluate the data furnished by the user and may require additional information. After evaluation of the data furnished, the Director may issue a wastewater discharge permit subject to terms and conditions provided herein.
   (c)   Permit Fee. The permit application fee for the first industrial discharge permit issued to an industrial user shall be two hundred dollars ($200.00). Any subsequent renewal, or reissuance of an industrial wastewater discharge permit to the same industrial user shall be subject to a one hundred dollar ($100.00) permit renewal fee.
   (d)   Permit Conditions. Industrial discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:
      (1)   The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
      (2)   Limits on the average and maximum wastewater constituents and characteristics;
      (3)   Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
      (4)   Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
      (5)   Development and implementation of spill control plans or other special conditions, including additional management practices necessary to adequately prevent accidental, unanticipated, or routine discharges;
      (6)   Requirements for installation and maintenance of inspection and sampling facilities;
      (7)   Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules;
      (8)   Requirement for installation of flow monitoring facilities, instruments, and recording devices to enable accurate measurement of flows as determined to be necessary;
      (9)   Compliance schedules;
      (10)   Requirements for submission of technical reports or discharge reports (see Section 1040.12);
      (11)   Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording City access thereto;
      (12)   Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW, and for notification of any change in the manufacturing and/or pretreatment process used by the permittee;
      (13)   Requirements for notification of excessive, accidental, or slug discharges;
      (14)   Other conditions as deemed appropriate by the Director to ensure compliance with this chapter, and state and federal laws, rules and regulations;
      (15)   BMPs which have been developed as an enforceable local limit;
      (16)   A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal pretreatment standards, including those which become effective during the term of the permit.
   (e)   Sampling Requirements. For any report required by an industrial permit, the following guidelines shall be used to collect representative samples from the industrial discharge:
      (1)   Grab samples shall be used for the determination of pH, hexavalent chromium, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds;
      (2)   Flow-proportional samples shall be used for all other pollutants unless justification for an alternative sampling type, representative of the discharge, is approved by the City and documented in the industrial user file.
      (3)   Multiple grab samples collected during a twenty-four-hour period may be composited prior to the analysis as follows:
         A.   For hexavalent chromium, cyanide, total phenols, and sulfides, the samples may be composited in the lab or in the field;
         B.   For volatile organics and oil & grease, the samples may be composited in the laboratory;
         C.   Protocols (including proper preservation) specified in 40 CFR 136 and appropriate USEPA guidelines must be followed.
   (f)   Duration of Permits. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than one year, or may be stated to expire on a specific date. If the user is not notified by the Director 30 days prior to the expiration of the permit, the permit shall automatically be extended for three months. The terms and conditions of the permit shall be subject to modification and change by the Director during the life of the permit, as needed to incorporate new regulations, limits or changes which the Director deems necessary. The user shall be informed of any proposed changes in this permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
   (g)   Transfer of a Permit. Industrial discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation, without prior approval of the Director. A request for reassignment or transfer shall be submitted in writing to the Director at least 30 days in advance.
   (h)   Revocation of Permit. Any user who violates the following conditions of his permit or of this chapter, or of applicable state and federal regulations, is subject to having his permit revoked. Violations subjecting a user to possible revocation of his permit include, but are not limited to, the following:
      (1)   Failure of a user to accurately report the wastewater constituents and characteristics of his discharge;
      (2)   Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
      (3)   Refusal of reasonable access to the user's premises for the purpose of inspecting or monitoring; or
      (4)   Violation of conditions of the permit.
(Ord. 175-91. Passed 7-8-91; Ord. 157-13. Passed 8-5-13; Ord. 246-21. Passed 10-25-21.)