(A) Users required to obtain an industrial user permit shall complete and file with the district an application in the form prescribed by the district and accompanied by a fee of $50. Existing users shall immediately apply for a wastewater contribution permit and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address, and location, if different from the address;
(2) SIC number according to the standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(3) Wastewater constituents and characteristics including but not limited to those mentioned in this section as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 C.F.R. part 136, as amended;
(4) Time and duration of contribution;
(5) Average daily and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
(6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;
(7) Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged;
(8) Where known, the nature and concentration of any pollutant in the discharge which are limited by any applicable district, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
(9) If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable treatment standard, or within 180 days after the date of the ordinance, whichever last occurs. The following conditions shall apply to this schedule:
(a) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards, such as, hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction and the like;
(b) No increment referred to in subsection (a) above shall exceed nine months; and
(c) Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the district, including, as 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 by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the district.
(10) Each product produced by type, amount, process or processes and rate of production;
(11) Type and amount of raw materials processed, average and maximum per day;
(12) Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(13) Any other information as may be deemed by the district to be necessary to evaluate the permit application; and
(14) All new source categorical industrial users must submit a baseline monitoring report (BMR) with the application. The BMR must be submitted to the district by all at least 90 days prior to initiation of discharge to the sanitary sewer. The BMR must include, at a minimum, the following:
(a) Production data: a process description, SIC code number, raw materials used, chemicals used, final product, pretreatment industrial category (if applicable), and a schematic which indicates points of discharge to the sewer system;
(b) Identifying information to include name, address of facility, owner(s), contact person and any other permits held by the facility;
(c) Wastewater characteristics: total plant flow, types of discharges, average and maximum flows from each process;
(d) Nature/concentration of pollutants: analytical results for all pollutants regulated by this chapter and/or any applicable federal pretreatment standard and sample type and location. All analyses must conform to 40 C.F.R. part 136 and amendments thereto;
(e) Information concerning any pretreatment equipment used to treat the facility’s discharge;
(f) A statement, reviewed by the user’s authorized representative as defined in § 52.31 of this chapter and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required to meet the pretreatment standards and requirements; and
(g) If additional pretreatment and/or O & M will be required to meet the pretreatment standards, the shortest schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in this subchapter.
(B) The district will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the district may issue a wastewater contribution permit subject to terms and conditions provided in this subchapter. The wastewater contribution permit must be issued prior to commencement of discharge. The district may withhold or discontinue water service until the discharge permit is issued. All new source categorical industries shall be capable of achieving compliance with this chapter upon commencement of discharge.
(C) The District shall provide notice to each significant industrial user of the issuance of the user’s wastewater contribution permit. Any person, including the user, may petition the district to reconsider the terms of a permit within 15 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 permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the permit.
(3) The effectiveness of the permit shall not be stayed during the appeal.
(4) If the district fails to act within 30 days of receipt of the appeal, a request for reconsideration shall be deemed to be denied. Upon denial of an appeal, the user may appeal to the District Manager within 15 days of the date of the denial. The District Manager shall respond to the appeal within 30 days. Decisions by the District Manager not to reconsider a permit, not to issue a permit or not to modify a permit shall be considered final administrative actions for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative action and/or the permit must do so by filing a complaint with the County Circuit Court in accordance with the appropriate procedures of that court and any statute of limitations.
(Ord. 01-07.28.16, passed 7-28-2016)