(a) It shall be unlawful to discharge sewage, industrial wastes or other wastes into any sewer within the jurisdiction of the City, and/or into the POTW without a permit issued by the City and without first having complied with the terms of these rules and regulations. Wastewater discharge permits shall be conditioned upon the holders compliance with any additional pretreatment, additional operation and maintenance requirements, and schedules of compliance approved by the Water Pollution Control Board under Sections 915.302, 915.304, or 915.305.
(b) The Director may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of these rules and regulations.
(c) Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of these rules and regulations and subjects the wastewater discharge permittee to the sanctions set out in Sections 915.400 through 915.500. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State Pretreatment Standards or Requirements or with any other requirements of Federal, State, and local law.
(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 days). New sources must meet all applicable pretreatment standards. Ninety days prior to connecting to or contributing to the POTW, all new sources must obtain a wastewater discharge permit.
(e) Wastewater pretreatment discharge permits shall be expressly subject to all provisions of these rules and regulations and all other applicable regulations, user charges and fees established by the City. Permits shall, to the extent applicable, contain the following, at a minimum:
(1) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
(2) A statement that the wastewater discharge permit is non transferable without prior notification to the City in accordance with Section 915.301(j) of these rules and regulations, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Limits on average and maximum wastewater discharge or requirements for flow regulations and equalization;
(4) Requirements for installation and maintenance of inspection land sampling facilities and equipment;
(5) A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State or local law;
(6) Requirements to control slug discharge, if determined by the Director to be necessary;
(7) Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards;
(8) 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;
(9) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(10) Self monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants or best management practice to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law
(11) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(12) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(13) A statement that compliance with the individual 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
(14) Other conditions as deemed appropriate by the City to ensure compliance with these rules and regulations and State and Federal laws.
(f) Wastewater discharge permits are issued to a specific person for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new person, different premises, or a new or changed operation without the approval of the Water Pollution Control Board.
(g) One time discharge permits shall be required of any user when a single, isolated discharge of contaminated water into the sanitary sewer system is desired. The following information shall be provided to the City prior to the discharge:
(1) Location and address of the facility (water to be discharged);
(2) Description of the activity to take place;
(3) An explanation as to the source of the wastewater and an estimate of the quantity, including the estimated duration of the discharge;
(4) Analytical results for any constituents as required by the City. Sampling is to be provided by the user and shall meet all requirements of 40 CFR 136 or all other applicable standards;
(5) Once a determination has been made as to the suitability of the wastewater for discharge into the sanitary sewer system, written confirmation shall be sent to the user. The user may be required to provide one or more of the following:
A. Pretreatment equipment as required by the City;
B. Discharge flow metering;
C. Sampling and analytical results of the effluent from any pretreatment units (constituents of such a sample to be determined by the City);
D. Notification to the City upon commencement and completion of the discharge.
(6) Once discharge is completed, the user shall submit to the City payment in the amount of fifty dollars ($50.00) for administrative expenses and ten fifteen dollars ($15.00) per 1000 gallons of wastewater discharged. The Water Pollution Control Board may periodically review and amend fees as necessary. Payment shall be made to the City of Lorain Utilities Department; Pretreatment.
(h) An individual wastewater discharge permit shall be issued for a specific time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(i) The Director 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 Regulations;
(2) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual 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 POTW, City personnel, or the receiving waters;
(5) Violation of any terms or conditions of the individual 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 or a grant of variance from categorical Pretreatment Standards pursuant to 0CFR403.13;
(8) To correct typographical or other errors in the individual wastewater discharge permit; or
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 915.301(j)
(j) Individual Wastewater Discharge Permit Transfer. Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days advance notice to the Water Pollution Control Board and the Chairman approves the wastewater discharge permit transfer. The notice to the Board must include a written certification by the new owner or operator which:
(1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
(k) The Director may revoke an individual wastewater discharge permit for good cause, including, but not limited to the following reasons:
(1) Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the Director of changed conditions pursuant to Section 915.312 of these regulations.
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) Falsifying self-monitoring reports and certification statements;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Director timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or these rules and regulations.
(l) Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.
(m) A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application a minimum of ninety (90) days prior to the expiration of the user's existing individual wastewater discharge permit. The Director will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete permit application, the Director will determine whether to issue an individual wastewater discharge permit. The Director may deny any application for an individual wastewater discharge permit.
(n) Regulation of waste received from other jurisdictions. If another municipality, or user located within another municipality, contributes wastewater to the POTW, the City shall enter into an intermunicipal agreement with the contributing municipality.
(1) Prior to entering into an agreement required above, the Director shall request the following information from the contributing municipality:
A. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
B. An inventory of all Users located within the contributing municipality that are discharging to the POTW; and
C. Such other information as the Director may deem necessary.
(2) An intermunicipal agreement 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 ordinance and Local Limits, including required Baseline Monitoring Reports (BMRs) which are at least as stringent as those set out in Section 915.103 of these regulations. The requirement shall specify that such 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 individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Director; and which of these activities will be conducted jointly by the contributing municipality and the Director;
D. A requirement for the contributing municipality to provide the Director 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 Director's 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 Director; and
H. A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
(Ord. 30-14. Passed 3-3-14.)