§ 52.076 WASTEWATER CONTRIBUTION PERMITS.
   (A)   General permits. All significant users or major contributors proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant users connected to or contributing to the POTW shall maintain their existing wastewater contribution permits.
   (B)   Permit application.
      (1)   Users required to obtain a wastewater contribution permit shall complete and file with the city an application in the form prescribed by the city and accompanied by the permit application fee. Proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW. Each existing user shall submit an application for a permit renewal 90 days prior to the expiration date of the current permit. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
         (a)   Name, address and location, if different from the address;
         (b)   SIC number according to the Standard Industrial Classification Manual, Office of Management and Budget, 1972, as amended;
         (c)   Wastewater constituents and characteristics, including, but not limited to, those mentioned in §§ 52.067 through 52.073 of this chapter as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the Environmental Protection Agency pursuant to § 304(g) of the Act and contained in 40 C.F.R. part 135, as amended;
         (d)   Time and duration of the contribution;
         (e)   Average daily and 15-minute peak wastewater flow rates, including daily, monthly and seasonably variations, if any;
         (f)   Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;
         (g)   Description of activities, facilities and plant processes on the premises including all materials that are or could be discharged; and
         (h)   Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, 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.
      (2)   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 shall be established. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. (See § 52.077 of this chapter.) 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 (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction and the like);
         (b)   No increment referred to in division (B)(2)(a) above shall exceed nine months, nor shall the total compliance period exceed 18 months;
         (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 Director 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 Director;
         (d)   Each product produced by type, amount, process and rate of production;
         (e)   Type and amount of raw materials processed, average and maximum per day;
         (f)   Number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system; and
         (g)   Any other information as may be deemed by the city to be necessary to evaluate the permit application.
      (3)   All plans required in this division (B) must be certified for accuracy by a state-registered professional engineer.
      (4)   The city will evaluate the data furnished by the user and any required additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater contribution permit subject to terms and conditions provided in this subchapter.
   (C)   Permit modification.
      (1)   This permit may be modified for good cause, including, but not limited to, the following:
         (a)   To incorporate any new or revised federal, state or local pretreatment standards or requirements;
         (b)   Material or substantial alterations or additions to the discharger’s operation processes or discharge volume or character which were not considered in drafting the effective permit;
         (c)   A change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
         (d)   Information indicating that the permitted discharge poses a threat to the control authority’s collection and treatment systems, POTW personnel or the receiving waters;
         (e)   Violation of any terms or conditions of the permit;
         (f)   Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting;
         (g)   To correct typographical or other errors in the permit;
         (h)   To reflect transfer of the facility ownership and/or operation to a new owner/operator; and
         (i)   Upon request of the permittee; provided, such request does not create a violation of any applicable requirements, standards, laws or rules and regulations.
      (2)   Under promulgation of a national categorical pretreatment standard, the wastewater contribution permit of users subject to such standards 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 submitted an application for a wastewater contribution permit as required by division (B) above, the user shall apply for a wastewater contribution permit within 90 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater contribution permit shall submit to the Director, within 90 days after the promulgation of an applicable federal categorical pretreatment standard, the information required hereby.
   (D)   Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this subchapter and all other applicable regulations, user charges and fees established by the city. Permits may contain the following as determined by the Director:
      (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 regulations and equalization;
      (3)   Requirements for installation and maintenance of inspection and sampling facilities;
      (4)   Specifications for monitoring programs that may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
      (5)   Compliance schedules;
      (6)   Requirements for submission of technical reports or discharge reports (see § 52.077 of this chapter) and including monthly monitoring reports;
      (7)   Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording city access thereto. Industrial users must keep records of monitoring activities and results for a minimum of three years. This period shall be automatically extended for the duration of any litigation concerning compliance with this subchapter or where the industrial user has been specifically notified of a longer retention period by the Director and/or approval authority;
      (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 per § 52.073(A) of this chapter; and
      (10)   Other conditions as deemed appropriate by the city to ensure compliance with this subchapter.
   (E)   Permit duration. Permits shall be issued for a specified time period, not to exceed three years. A permit may be issued for a period less than a year or may be stated to expire on a specific day. The user shall apply for permit reissuance 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 §§ 52.067 through 52.073 of this chapter, are modified or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
   (F)   Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
   (G)   Report of changed conditions.
      (1)   Each industrial user is required to notify the Director of any planned significant changes to the industrial user’s operations or system that might alter the nature, quality or volume of its wastewater at least 30 days before the change in accordance with the following.
         (a)   The Director may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under division (B) above.
         (b)   The Director may issue a wastewater discharge permit under division (A) above or modify an existing wastewater discharge permit under division (C) above.
      (2)   No industrial user shall implement the planned changed conditions until and unless the Director has responded to the industrial user’s notice.
      (3)   For purposes of this division (G), flow increases of 10% or greater and the discharge of any previously unreported pollutants shall be deemed significant.
(2013 Code, § 28-88) (Ord. 14438, passed 8-23-1993)