(A) General. All significant industrial users proposing to connect to or to contribute to the POTW shall obtain an industrial user permit before connecting to or contributing to the POTW.
(B) Permit application. Users required to obtain an industrial user permit shall complete and file with the MUPB, an application in the form prescribed by the MUPB. New users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. Existing permit holders shall apply no later than sixty (60) days prior to expiration of the permit. In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address, and location if different from the address;
(2) SIC number(s) according to the Standard Industrial Classification Manual, United States Bureau of the Budget, 1972, as amended;
(3) Wastewater constituents and characteristics as determined by an analytical laboratory acceptable to the city; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304 (g) of the Act and contained in 40 CFR, Part 136, as amended;
(4) Time and duration of contribution;
(5) Average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variation 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;
(8) Where known, the nature and concentration of any pollutants in the discharge which are limited by the 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 pretreatment is required for the user to meet applicable Pretreatment Standards;
(9) If additional pretreatment will be required to meet the 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. The following conditions shall apply to this schedule:
(a) The schedule must be acceptable to the city.
(b) 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.
(c) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the General 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 and the reason for delay, and the steps being taken by the user to return the construction to the schedule established.
(10) Each product produced by type, amount, process or processes, and rate of production;
(11) Type and amount of raw materials processed (average and maximum per day);
(12) Number of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(13) Any other information as may be deemed by the city to be necessary to evaluate the permit application.
(14) A copy of the industry's written environmental control program, policy, or comparable document.
(C) Issuance. The MUPB shall evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished and determination that adequate capacity exists at the sewerage facilities to convey, treat and dispose of the wastewaters, the General Manager or his designee may issue an industrial user permit subject to terms and conditions provided therein. The industrial user permit must be issued prior to commencement of discharge. The General Manager may withhold or discontinue water service until the discharge permit is issued. All new source categorical industries shall be capable of achieving compliance with this chapter upon commencement of discharge. The General Manager shall provide notice to each significant industrial user of the issuance of the user's industrial user permit. Any person, including the User, may petition the General Manager to reconsider the terms of a permit within fifteen (15) days of notice of its issuance.
(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the permit.
(3) The effectiveness of the permit shall not be stayed during the appeal.
(4) If the General Manager fails to act within thirty (30) days of receipt of the appeal, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative action and/or the permit must do so by filing a complaint with the Rowan County Circuit Court in accordance with the appropriate procedures of that court and any statute of limitations.
(D) General discharge permits. The General Manager may issue a general discharge permit to any user who, in the opinion of the General Manager, has a potential to cause harm to the POTW and/or endanger POTW personnel or the general public. Users required by the General Manager to obtain such a permit shall complete an application with the MUPB in the form prescribed by the General Manager. Users regulated by a general discharge permit are subject to all provisions of this chapter. The general discharge permits may contain all the provisions as listed for industrial user permits in § 52.48. The General Manager may use general discharge permits to control discharges to the POTW if the following conditions are met. All facilities to be covered by a general permit must:
(1) Involve the same or substantially similar types of operations;
(2) Discharge the same types of wastes;
(3) Require the same effluent limitations;
(4) Require the same or similar monitoring; and
(5) In the opinion of the General Manager, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
(Ord. 14:95, passed 5-25-95; Am. Ord. 5:96, passed 3-12-96; Am. Ord. 02:2012, passed 1-25-12)