(A) Mandatory permits. All industrial users proposing to connect or to commence a new discharge to the wastewater treatment system shall obtain a wastewater discharge permit before connecting to or discharging into the wastewater treatment system if the discharge would result in the industry being classified as a significant industrial user. All existing significant industrial users or industrial users subject to national categorical pretreatment standards under Section 307(b) and (c) of the Act connected to or discharging into the wastewater treatment system shall obtain a wastewater discharge permit within 180 days after the effective date of this subchapter.
(B) Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the city, an application in the form prescribed by the city. Existing users shall apply for a wastewater discharge permit within 30 days after the effective date of this subchapter, and proposed new users shall apply at least 90 days prior to connecting or discharging to the wastewater treatment system. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address, and location of the user's facility and its agent for service legal actions in Minnesota;
(2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(3) Wastewater constituents and characteristics as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures approved by the city;
(4) Time and duration of discharge;
(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, including sludges, floats, skimmings, etc.;
(8) Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or national categorical pretreatment standards. The applicant shall provide a compliance schedule for meeting pretreatment standards and requirements, if applicable;
(9) Each product produced by type, amount, and rate of production;
(10) Type and amount of raw materials processed (average and maximum per day);
(11) Number of full and part-time employees, and hours of plant operations; and
(12) Any other information required by the city to be necessary to evaluate the permit application.
(C) The city will evaluate the date furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided herein.
(D) Permit conditions. Wastewater 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 shall contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to the wastewater treatment system;
(2) Limits on the average and maximum rate and time of discharge or requirements for flow regulation and equalization;
(3) Requirements for installation and maintenance of inspection and sampling facilities;
(4) Requirements for installation, operation, and maintenance of pretreatment facilities;
(5) Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types and standards for tests and reporting schedule;
(6) Requirements for submission of technical reports or discharge reports;
(7) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, but in no case less than 3 years, and affording the city access thereto;
(8) Requirements for notification to an acceptance by the city of any new introduction of wastewater constituents or of 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 or accidental discharges as mandated by law and reporting of permit violations;
(10) Requirements for disposal of sludges, scums, skimmings, etc.; and
(11) Such other conditions as deemed appropriate to ensure compliance with this chapter.
(12) All information required in § 52.67 (B) shall be kept current.
(E) Permit duration. Permits shall be issued for a specified time period, not to exceed 5 years. The user shall apply for permit re-issuance a minimum of 90 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in this chapter are modified or other just cause exists. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance except where immediate compliance is required for the city to operate in compliance with its NPDES and state disposal system permit.
(F) Permit modifications. Within 9 months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standard shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously been required to obtain a wastewater discharge permit, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, a user with an existing wastewater discharge permit shall submit to the city, within 180 days after the promulgation of an applicable national categorical pretreatment standard, the information required. If the information previously submitted in an application is still current and adequate, only a letter from the user certifying such is required.
(G) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater permit shall not be reassigned or transferred to a new owner or new user, without 10 days' prior written notice to the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(H) Monitoring reports.
(1) A condition of the industrial discharge permit shall include the completion and submittal of accurate monitoring reports to the city on a form as required by the city. The nature and frequency of reporting shall be based upon the information provided in the permit application form. Reports shall be required as follows and as set forth in the permit:
Total Waste Discharge (Million Gallons Per Year) | Reporting Frequency |
Less than 10 | 4 year |
Between 10-100 | 6 year |
Greater than 100 | 12 year |
(2) The city may modify the above reporting schedule for a particular industrial user based on the user's waste characteristics.
(3) Users subject to pretreatment standards shall submit reports to the city in accordance with the applicable pretreatment standards.
(4) Wastewater discharge records of a user shall be kept by the user for a period of not less than 3 years. The user shall provide the city reasonable access to these records during normal business hours. A user subject to an applicable pretreatment standard shall maintain all records required by 40 CFR 403.12(n) of the general pretreatment regulations.
(I) Monitoring facilities.
(1) Monitoring facilities to allow inspection, sampling, and flow measurement of the building sewer and/or internal drainage systems shall be provided and operated by industrial users at the city's request.
(2) There shall be ample room provided in connection with such sampling manhole or facility to allow accurate sampling and compositing of samples for analysis. The facility and sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(3) Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city, unless a time extension is otherwise granted by the city.
(J) Inspection and sampling.
(1) The city shall inspect the facilities of any user to ascertain whether the purposes of this chapter are being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, and records examination. The city, Minnesota Pollution Control Agency (MPCA) and Environmental Protection Agency (EPA) shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with any security guard so that upon presentation of suitable identification, the city, MPCA and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(2) In all cases the city's sampling data is final.
(3) Representative samples of a user's industrial wastewater shall be collected on normal operating days and in accordance with guidelines established by the city. Industrial users subject to pretreatment standards shall sample in accordance with the pretreatment standards. Monitoring point(s) for industrial users who are subject to pretreatment standards shall be at a location before wastewater is mixed with other discharges or at a point where waste can be adequately monitored. Normal operating days shall be days when the user is engaged in operations that cause effluent discharge.
(K) Powers and authority of inspectors.
(1) The Superintendent or other duly authorized employees of the city, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observations, measurement sampling, and testing pertinent to the discharges to the city's sewer system in accordance with the provisions of this subchapter.
(2) The Superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the type and source of discharge to the wastewater collection system. An industry may withhold information considered confidential; however, the industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
(3) While performing necessary work on private properties, the Superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in this subchapter.
(4) The Superintendent or other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(L) Pretreatment.
(1) Users shall provide necessary wastewater treatment as required to comply with this subchapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations of this subchapter.
(2) Any facilities required to pre-treat wastewater shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this subchapter or constitute a representation by the city that such plans will cause compliance or work in conjunction with the user's facility. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.
(3) Any user subject to a national categorical pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of the commencement of a new discharge to the wastewater treatment system, shall submit to the city during the months of June and December, unless required more frequently in the pretreatment standard established by the city, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in the user's permit application or prior monitoring reports. The city may agree to alter the months during which the above reports are to be submitted.
(M) Final compliance date, reporting requirements. Within 90 days following the date for final compliance with applicable pretreatment standards, or, in the case of the commencement of a new discharge to the wastewater treatment system, any user subject to pretreatment standards and requirements, shall submit to the city a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user's facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the facility into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by the user, and certified to by a qualified registered professional engineer.
(N) Confidential information. Information and data on a user obtained from applications, permits, monitoring programs and inspections shall be governed by the applicable laws governing its public or nonpublic status.
(O) Sludges generated. Sludges, floatings, skimmings, and other undissolved particles generated by an industrial or commercial pretreatment system shall not be placed into the city's wastewater treatment system. Such sludges shall be contained, transported, and disposed of in accordance with all federal, state, and local regulations.
(P) Slug or accidental discharges.
(1) The city may immediately suspend the wastewater treatment service of a user and/or a wastewater discharge permit (after formal notice to the discharger) when such suspension is necessary, in the opinion of city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or to the wastewater treatment system, or would cause the city to violate any condition of its NPDES or disposal system permit.
(2) Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the city may take such steps as it deems necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater treatment system or endangerment to any individuals. The city will reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge and payment to the city of the city's costs of terminating and restoring service. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days of the date of occurrence.
(Q) Revocation of permit. In accordance with the procedures in this section, the city may revoke the permit of any user which fails to factually report the wastewater constituents and characteristics of its discharge; which fails to report significant changes in wastewater constituents or characteristics; which refuses reasonable access to the user's premises for the purpose of inspection or monitoring or for violation of conditions of its permit, this subchapter, or applicable state and federal regulations, or where continued discharge at the levels set forth in the permit would adversely impact the wastewater treatment facility or the city's compliance with applicable permits or laws and regulations governing the wastewater treatment facility.
(R) Notification of violation. Whenever the city finds that any user has violated or is violating the requirements of this chapter, its wastewater discharge permit or any prohibition, limitation or requirement contained herein, the city may serve upon such user a written notice stating the nature of the violation. Within 30 days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the city by the user and such plan shall be implemented within the same time period.
(S) Appeals.
(1) Any person aggrieved by any notice or order of the city issued under this section may file a petition for review of such notice or order. The petition shall contain the name of the petitioner, the petitioner's address, location of the property subject to the order or notice, and disclose petitioner's interest in the property.
(2) The petition for review shall be filed with the City Administrator within 10 days after the notice or order for which review is sought has been served on the person requesting review.
(3) Upon receipt of the petition, the City Administrator, or designee, shall set a date for a hearing and give the petitioner at least 5 days' prior written notice of the date, time and place of the hearing.
(4) At the hearing, the petitioner shall be given an opportunity to show cause why the notice or order should be modified or withdrawn. The petitioner may be represented by counsel of petitioner's choosing at petitioner's own expense.
(5) The hearing shall be conducted by the City Administrator or designee, provided only that the person conducting the hearing shall not have participated in the drafting of the order or notice for which review is being sought.
(6) The person conducting the hearing shall make written findings of fact and conclusions based upon the applicable code or permit provisions. The person conducting the hearing may affirm, reverse or modify the notice or order in conformity with the applicable code sections. Modification may be granted where there is practical difficulty and undue hardship connected with the performance, provided that such modification creates no hazard to safety and deviates from the code only insofar as is absolutely necessary and does not cause the city to have problems with maintaining compliance with its treatment permits. All decisions rendered hereunder shall be filed with the City Administrator.
(T) Appeal to Council. Any decision rendered pursuant to division (S) above may be appealed to the City Council, A petitioner seeking to appeal a decision must file a written notice of appeal with the City Administrator within 10 days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the council agenda as soon as is practical. The Council shall then review the findings of fact and conclusions to determine whether they were correct. Upon a determination by the Council that the findings and conclusions were incorrect, the Council may modify, reverse or affirm the decision of the City Manager or his designee, upon the same standard as set forth in division (S)(6).
(U) Transcripts. Any person who desires that a hearing, held pursuant to divisions (S) or (T), be transcribed, shall make a written request that a court reporter be present to record the hearing and post a $300 cash deposit with the City Clerk at least 5 days prior to the date of each hearing for which transcription in requested. The $300 deposit shall be applied to the costs of court reporter services and any excess shall be refunded without interest to the depositor. If the costs of transcription exceed the deposit, the requesting party shall make full reimbursement to the city of the difference between the costs of the deposits.
(Ord. 2009-2, passed 8-17-2009) Penalty, see § 52.99