(A) Wastewater discharge permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Pretreatment Coordinator. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(B) Wastewater discharge permit contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Pretreatment Coordinator to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
(1) Wastewater discharge permits must contain:
(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
(b) A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with § 51.014(E), and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c) Effluent limits based on applicable pretreatment standards;
(d) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and
(e) 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.
(2) Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(b) 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;
(c) Requirements for the development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
(d) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(e) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(f) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(g) A statement that compliance with the 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
(h) Other conditions as deemed appropriate by the Pretreatment Coordinator to ensure compliance with this subchapter, and state and federal laws, rules and regulations.
(C) Reserved.
(D) Wastewater discharge permit modification. The Pretreatment Coordinator 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 requirements;
(2) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of 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 POTW, POTW personnel, or the receiving waters;
(5) Violation of any terms or conditions of the 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 40 CFR 403.13;
(8) To correct typographical or other errors in the wastewater discharge permit; or
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator.
(E) Wastewater discharge permit transfer.
(1) Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives advance notice to the Pretreatment Coordinator and the Pretreatment Coordinator approves the wastewater discharge permit transfer. The notice to the Pretreatment Coordinator must include a written certification by the new owner or operator which:
(a) States that the new owner and/or operator have no immediate intent to change the facility's operations and processes;
(b) Identifies the specific date on which the transfer is to occur; and
(c) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(2) Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
(F) Wastewater discharge permit revocation.
(1) The Pretreatment Coordinator may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) Failure to notify the Pretreatment Coordinator of significant changes to the wastewater prior to the changed discharge;
(b) Failure to provide prior notification to the Pretreatment Coordinator of changed conditions pursuant to § 51.015(E);
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) Falsifying self-monitoring reports;
(e) Tampering with monitoring equipment;
(f) Failure to allow the Pretreatment Coordinator timely access to the facility premises and records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(m) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this subchapter.
(2) Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
(G) Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit re-issuance by submitting a complete permit application, in accordance with § 51.013(E), prior to the expiration of the user's existing wastewater discharge permit.
(Ord. 1424, passed 4-28-03; Am. Ord. OR-2047-17, passed 4-24-17)