§ 51.067  DISCHARGE PERMITS.
   It shall be unlawful for any significant industrial user to discharge wastewater to the city without a permit issued by the city in accordance with the provisions of this chapter.
   (A)   Discharge permits.  All significant industrial users proposing to connect to or to contribute to the POTW shall obtain an industrial wastewater discharge permit before connecting to or contributing to the POTW.  All existing significant industrial users connected to or contributing to the POTW shall obtain a wastewater industrial discharge permit within 180 days after the effective date of this chapter.
   (B)   Industrial wastewater discharge permit application.  Users required to obtain a industrial wastewater discharge permit shall complete and file with the city, an application in a form to be prescribed and furnished by the city, and accompanied by a fee to be determined by the Board.  Existing industrial users shall apply for a discharge permit within 90 days after the effective date of this chapter, and proposed new industrial users shall apply at least 90 days prior to discharging 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.
      (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 set forth in this chapter as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the USEPA pursuant to Section 304 (g) of the Act and contained in 40 CFR, Part 136, as amended.
      (4)   Time and duration of pollutant discharges.
      (5)   Average and maximum wastewater flow rates, including monthly and seasonal variations, if any.
      (6)   Site plans showing all pipe sizes, manholes and location of sanitary and storm sewers leaving the building or premises, together with all connections to lateral sanitary and storm sewers.
      (7)   Listing of each process activity.
      (8)   Line diagram and basic information, including capacity, of existing or proposed spill containment areas and installation.
      (9)   Total number of employees and hours of operation of a plant.
      (10)   Proposed or actual hours of operation of pretreatment system and the name of the ISBOH certified pretreatment operator.
      (11)   Name of authorized representative of the industrial user. 
      (12)   User's source of intake water together with the types of usage and disposal sources of water and the estimated volumes in each category.
      (13)   Listing of raw materials and chemicals that are used in the manufacturing process and are capable of being discharged into the POTW.
      (14)   If additional user operation and maintenance or pretreatment techniques or installations will be required to meet the applicable 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 pretreatment standard.
         (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 (for example, hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing constructions, and the like).
         (b)   No increment referred to in division (B)(14)(a) shall exceed six months.
         (c)   Not later than 14 days following each date in the schedule and the final date the compliance, the user shall submit a progress report to the Superintendent 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 six months elapse between such progress reports to the Superintendent.
      (15)   Any other information as may be deemed by the city to be necessary to evaluate the permit application.
   (C)   Industrial wastewater discharge permits.  The city will evaluate the data furnished by the user and may require additional information within 90 days of submission by the user.  After evaluation and acceptance of the data furnished, the Board shall issue an industrial wastewater discharge permit subject to terms and conditions provided herein.  No interim or temporary permit will be issued by the Board except as set forth in this chapter.  Users submitting information required in this section shall not be deemed to have a permit until the Board issues such a permit under the provisions of this chapter.  Permits shall be deemed issued 180 days after application has been made if there have been no additional requests for information by the  city, or 270 days after application has been made if there have been additional requests for information by the city.  Existing users submitting timely information in accordance with this subchapter shall not be subject to enforcement actions based on their failure to have a wastewater discharge permit during the 180-day period set forth herein or during any extension of time allowed by this division.
   (D)   Permit modifications.
      (1)   Within 180 days after the effective date of a National Categorical Pretreatment Standard, or 180 days after a final administrative decision has been made upon a categorical determination submission in accordance with Section 403.6 (a)(4) of the Industrial Pretreatment Regulations, whichever is later, existing industrial users subject to such National Categorical Pretreatment Standards and currently discharging to the city's POTW shall apply for an industrial wastewater discharge permit modification.  Industrial users required to obtain a permit modification shall complete and file with the city, an application in a form to be prescribed and furnished by the city and accompanied by a fee to be determined by the Board.
      (2)   Industrial users subject to existing National Categorical Pretreatment Standards at the time of adoption of this chapter, shall within 90 days from the effective date of these amendments submit a permit modification application/baseline report to the city.  The city will evaluate the data furnished by the industrial user and may require additional information within 45 days of submission by the industrial user.  After evaluation and acceptance of the data furnished, the city shall issue a modified industrial wastewater  discharge  permit  prior  to  the  compliance  date for the  applicable National Categorical Pretreatment Standard.  In support of the permit modification application/baseline report, the industrial user shall submit, in units and terms specified in the application, the following information:
         (a)   Name and address of the facility including the name of the operator and owners.
         (b)   List of any environmental control permits held by or for the facility.
         (c)   Brief description of the nature, average rate of production, and standard industrial classification of the operation carried out by such user.  This description shall include a schematic process diagram indicating points of discharge to the POTW from the regulated processes.
         (d)   Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
            1.   Regulated process streams, and
            2.   Other streams as necessary to allow use of the combined waste stream formula of Section 403.6(e) of the General Pretreatment Regulations.
         (e)   The industrial user shall identify the National Categorical Pretreatment Standards applicable to each regulated process; and shall
            1.   Submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the city from each regulated process.  Both daily maximum and average concentration shall be reported.  The sample shall be representative of daily operations.
            2.   Where feasible, obtain samples through the flow-proportional composite sampling techniques specified in the applicable National Categorical Pretreatment Standard.  Where composite sampling is not feasible, a grab sample is acceptable.
            3.   Sample based on the flow of the sampled stream, as follows:
               a.   Where the flow of the stream being sampled does not exceed 250,000 gpd, the industrial user shall take a minimum of three samples within a two-week period.
               b.   Where the flow of the stream being sampled is greater than 250,000 gpd, the industrial user shall take a minimum of six samples within a two-week period.
            4.   Take the samples immediately downstream from pretreatment  facilities  if  such exist or immediately downstream from the regulated process if no pretreatment exists.  If other wastewaters are mixed with the regulated wastewater prior to pretreatment, in order to evaluate compliance with the National Categorical Pretreatment Standards, the industrial user shall measure the flows and concentrations necessary to allow use of the combined waste stream formula of Section 403.6(e) of the General Pretreatment Regulations.  Where an alternate concentration has been calculated in accordance with Section 403.6(e) of the General Pretreatment Regulations, this adjusted limit along with supporting data shall be submitted to the city.
            5.   Perform sampling and analysis in accordance with Standard Methods.
            6.   Submit, only with city authorization, a permit modification application/baseline report which utilizes only historical data, so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
            7.   Provide, for each report the time, date, and place, of sampling and methods of analysis and certification that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
         (f)   The industrial user shall provide a statement, reviewed by an authorized representative of the industrial user and certified by a qualified professional, indicating whether National Categorical Pretreatment Standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O and M) or additional pretreatment is required for the user to meet the National Categorical Pretreatment Standards and requirements.
         (g)   If additional pretreatment or O and M will be required to meet the National Categorical Pretreatment Standards; the user will provide the shortest schedule which will provide such additional pretreatment or O and M.  The completion date in this schedule shall not be later than the compliance date established for the applicable National Categorical Pretreatment Standard.
            1.   Where the industrial user's National Categorical Pretreatment Standard has been modified by the combined waste stream formula (Section 403.6(e) of the General Pretreatment Regulations), or a Fundamentally Different Factors Variance (Section 403.13 of the General Pretreatment Regulations) at the time the user applies for the supplemental wastewater discharge permit, the information required in division (D)(2)(f) and (g) of this section shall pertain to the modified limits.
            2.   If the National Categorical Pretreatment Standard for an industrial user is modified after the application for an industrial wastewater discharge permit is submitted, the user shall make any necessary amendments to information provided as a response to division (D)(2)(f) and (g) of this section and submit them to the city within 60 days after the modified limit is approved.
         (h)   The following conditions shall apply to any schedule submitted in response to division (D)(2)(g) of this section:
            1.   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 Categorical Pretreatment Standards (for example, hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, and the like).
            2.   No increment referred to in division (D)(2)(h) 1. of this section shall exceed nine months.
            3.   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 city including, at 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 taken by the industrial user to return the construction to the schedule established.  In no event shall more than nine months elapse between such progress reports to the city.
         (i)   The city will evaluate the data furnished by the industrial user and may require additional information within 90 days of submission by the industrial user.  After evaluation and acceptance of the data furnished, the city shall issue a modified industrial wastewater discharge permit.  The city will issue such permit prior to the compliance date for the applicable National Categorical Standard.
   (E)   Where an industrial user has manufacturing processes which are regulated by more than one National Categorical Pretreatment Standard at the same permitted discharge location, the limitation in the industrial wastewater discharge permit shall be adjusted consistent with USEPA guidelines and regulations.
   (F)   Permit conditions.  Discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges, and fees established by city.  General permits may contain the following:
      (1)   Limits on the average and maximum wastewater constituents and characteristics.
      (2)   Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization for each separate discharge of a user.
      (3)   Requirements for installation and operation of inspection, sampling, and monitoring facilities.
      (4)   Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.
      (5)   Compliance schedule.
      (6)   Requirements for submission of technical reports or discharge reports.
      (7)   Requirements to retain for a minimum of three years any records of monitoring activities and results relating to wastewater discharge and for affording city access to said records.
      (8)   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 wastewater treatment system.
      (9)   Requirements for notification of slug discharges as contained in this chapter.
      (10)   Other conditions as deemed appropriate by the city to ensure compliance with this chapter.
   (G)   Change in conditions.  In the event the type, quality, or volume of wastewater from the property for which a discharge permit was previously granted shall materially and substantially change as determined by the city, the person previously granted such permit shall make a new application to the city within 30 days, in the same manner and form as originally made, provided that information previously submitted and unchanged need not be resubmitted by permittee.
   (H)   Duration.  Permits shall be issued for a specified time period, not to exceed three years.  The city shall notify a user 180 days prior to expiration of the user's permit.  Within 90 days of notification, the user shall apply, on a form provided by the city, for reissuance of the permit.  The terms and conditions of the permit may be subject to modification by the Board during the term of the permit as limitations or requirements as identified in this chapter are modified or other just cause exists.  The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective day of change.  Where any changes are made in user's permit, a reasonable time shall be given to achieve compliance.
   (I)   Transfer.  Wastewater discharge permits are issued to a specific user for the process activity specified in the permit.  A wastewater discharge permit shall not be assigned, transferred, or sold to a new owner or new user in different premises or to a new or changed operation in the same or different premises without the approval of the city.  If the premises are sold or otherwise transferred by the permittee to a new owner who will maintain the operation in the same premises, than the permit held by the seller shall be reissued by the Board to the new owner as a temporary permit; provided that the new owner shall immediately apply for a new permit in accordance with this chapter and further provided that the temporary permit shall only be effective for 90 days after the date of sale or transfer.  The city shall have the same remedies for violation of temporary permits as it has for violation of other discharge permits.
(Ord. 1984-35, passed 12-18-84) Penalty, see § 51.999