911.06 INDIVIDUAL WASTEWATER DISCHARGE PERMITS.
   (a)   The Director. May require any Users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this chapter.
   (b)   Wastewater Analysis. When requested by the Director, a User must submit information on the nature and characteristics of its wastewater within 60 days of the request. The Director is authorized to prepare a form for this purpose and may periodically require Users to update this information.
   (c)   Individual Wastewater Discharge Permit and Pretreatment. No User shall discharge industrial wastewater or other incompatible wastes, either directly or indirectly, into the POTW without first obtaining approval and/or a written permit from the Utilities Commission, after the Utilities Commission has ascertained that the discharge of waste in the particular instance is not in violation of this chapter and the discharge shall receive satisfactory pretreatment as may be required by this chapter. Industries classified as Significant Industrial Users and others as deemed necessary by the Utilities Commission shall obtain the written permit. Obtaining an approval and/or a discharge permit does not relieve the User from its obligation to obtain other permits required by federal, state or local law. Upon due notification and for just cause, the Utilities Commission has the right to revoke or suspend any permit issued in accordance with this chapter. Reissuance of a discharge permit shall be at the discretion of the Utilities Commission, and may be subject to such conditions as deemed appropriate.
   (d)   Wastewater Discharge Permit Disclosure. All Users proposing to connect to or to discharge sewage, industrial wastes and other wastes to the sewage works shall complete and file with the Utilities Commission, a permit application in the form prescribed by the Utilities Commission. Existing Users shall file the necessary forms within thirty (30) days after receiving an official request by the Director to do so, and proposed new users shall file its forms at least ninety (90) days prior to connecting to the sewage works. No discharge permit shall be issued unless and until the User has submitted the following required information:
      (1)   Identifying information:
         A.   The name, address, and location of the facility, including the name of the operator and owner;
          B.   Contact information, description of activities, facilities, and plant production processes on the premises;
      (2)   Environmental Permits. A list of any environmental control permits held by or for the facility.
      (3)   Description of Operations.
         A.   A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such User. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
         B.   Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
         C.   Number and type of employees, hours of operation, and proposed or actual hours of operation;
         D.   Type and amount of raw materials processed (average and maximum per day);
         E.    Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, inspection manholes, sampling chambers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
                         F.   The time and duration of discharges;
         G.   The location for monitoring all wastes covered by the permit;
      (4)   Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in Section 2.2C (40 CFR 403.6(e)).
      (5)   Measurement of Pollutants.
         A.   The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources.
         B.   The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by the Director, of regulated pollutants in the discharge from each regulated process.
         C.   Average daily, Instantaneous, Daily Maximum, and long-term average concentrations, or mass, where required, shall be reported.
         D.   The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 911.07(h). Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Director or the applicable Standards to determine compliance with the Standard.
         E.    Sampling must be performed in accordance with procedures set out in 911.07(i).
        (6)   Disclosure of the nature and concentration of any pollutants or materials     prohibited by this chapter in the discharge, together with a statement regarding whether or not compliance is being achieved with this chapter on a consistent basis and if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the User to comply with this chapter;
      (7)   Where additional pretreatment and/or operations and maintenance activities will be required to comply with this chapter, the User shall provide a declaration of the shortest schedule by which the User will provide such additional pretreatment and/or implementation of additional operational and maintenance activities according to Section 911.07(e);
      (8)   All disclosure forms shall be signed by a principal executive of the User, and a qualified engineer licensed to practice in the State of Ohio;
      (9)   For Industrial Users subject to equivalent mass or concentration limits a    reasonable measure of user's long term production rate shall be included. For all other Industrial Users subject to categorical regulations in terms of allowable pollutant discharge per unit of production the report shall include the User actual production during the period sampled as per 40 CFR 403.12(d);
          A.    Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or    intentionally be, discharged to the POTW;
         B.    Number and type of employees, hours of operation, and proposed or actual hours of operation;
         C.    Type and amount of raw materials processed (average and maximum per day);
         D.    Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, inspection manholes, sampling chambers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
      (10)   Permit applications shall include a certification statement as required in 40 CFR 403.6 (a) (2) (ii) and amendments thereto.
      (11)   Any other information as may be deemed necessary by the Director to evaluate the permit application. Incomplete or inaccurate applications will not be processed and will be returned to the User for revision.
   The Director will evaluate the complete application and data furnished by the user. Within thirty (30) days and after full evaluation, the Utilities Commission will notify the user of acceptance and, if deemed necessary, issue a Wastewater Discharge Permit subject to terms and conditions provided for herein or rejection thereof and the basis therefore.
   (e)   Permit Conditions. Individual Wastewater Discharge Permits shall specify no less than the following:
      (1)   Fees and charges are to be paid upon initial permit issuance;
      (2)   A statement that indicates the wastewater discharge permit's issuance date, expiration date and effective date;
      (3)   A statement that the wastewater discharge permit is nontransferable without prior notification to the Utilities Commission in accordance with this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
      (4)   Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards;
      (5)   Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants or best management practice to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
       (6)   Limits on the average and maximum wastewater constituents and characteristics regulated thereby;
      (7)   Limits on average and maximum rate and time of discharge and/or requirements for flow regulations and equalization;
      (8)   Special conditions as the Utilities Commission may reasonably require under particular circumstances of a given discharge including sampling locations, frequency of sampling, number, types, and standards for tests and reporting schedule;
      (9)   Compliance schedules;
      (10)   Requirements for submission of special technical reports or discharge reports where same differ from those prescribed by this chapter;
      (11)   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.
      (12)   Requirements to control Slug Discharge, if determined by the Director to be necessary;
      (13)   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;
      (14)   Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
      (15)   Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
      (16)   The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW;
      (17)   Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
      (18)   A statement that compliance with the individual 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 individual wastewater discharge permit; and
      (19)   Other conditions as deemed appropriate by the Director to ensure compliance with this chapter, and State and Federal laws, rules, and regulations.
   (f)   Permit Duration. All Wastewater Discharge Permits are issued for a specified time period not to exceed five years.
   (g)   Permit Continuation. An expired permit will continue to be effective and enforceable until the permit is reissued if:
      (1)   The User has submitted a completed permit application at least ninety (90) days prior to the expiration of the User's current permit;
      (2)   The failure to reissue the permit, prior to its expiration is not due to any act or failure to act on the part of the User.
   (h)   Permit Modification. The Director may modify an individual 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 the individual 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 the City's, POTW, City personnel, the receiving waters, or sludge reuse or disposal;
       (5)   Violation of any terms or conditions of the individual 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 individual wastewater discharge permit; or
      (9)   To reflect a transfer of the facility ownership or operation to a new owner or operator.
   (i)   Permit Appeals. The Utilities Commission will provide all interested persons with notice of final permit decisions. Upon notice by the Utilities Commission, any person, including the User, may petition to appeal the terms of the Permit within thirty days (30) of the notice. All such appeals are subject to the following conditions:
      (1)   Failure to submit a timely petition for review shall be deemed to be a waiver of the appeal.
      (2)   In its petition, the appealing party must indicate the Permit provisions objected to, the reason for this objection, and the alternative condition, if any, it seeks to be placed in the Permit.
      (3)   The Permit shall be in effect and shall not be stayed pending reconsideration by the Utilities Commission. If, after considering the petition, the Utilities Commission determines that reconsideration is proper, the Utilities Commission shall remand the Permit for reissuance. Those Permit provisions being reconsidered shall be stayed pending reissuance.
      (4)   If the Utilities Commission fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. The Utilities Commission's decision not to reconsider a final Permit shall be considered final administrative action for purposes of judicial review.
      (5)   Aggrieved parties seeking judicial review of the final Individual Wastewater Discharge Permit conditions must do so by filing an appeal with the court of competent jurisdiction.
    (j)   Permit Transfer. Wastewater Discharge Permits are issued to a specific User for a specific operation and are not assignable to another User or transferable to any other location, without the prior written approval of the Utilities Commission. Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty (60) days advance notice to the Director and the Director approves the individual wastewater discharge permit. The notice to the Director must include a written certification by the new owner or operator which:
      (1)   States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
      (2)   Identifies the specific date on which the transfer is to occur; and
      (3)   Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
   Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.
   (k)   Individual Wastewater Discharge Permit Revocation or Suspension. The Utilities Commission may revoke or suspend an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
      (1)   Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;
      (2)   Failure to provide prior notification to the Director of changed conditions pursuant to this chapter;
      (3)   Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
      (4)   Falsifying self-monitoring reports and certification statements;
      (5)   Tampering with monitoring equipment;
      (6)   Refusing to allow the Director timely access to the facility premises and records;
      (7)   Failure to meet effluent limitations;
      (8)   Failure to pay fines;
      (9)   Failure to pay sewer charges; access to the facility premises and records;
      (10)   Failure to meet compliance schedules;
      (11)   Failure to complete a wastewater survey or the wastewater discharge permit application;
      (12)   Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
      (13)   Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this chapter. Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User.
   (l)   Individual Wastewater Discharge Permit Reissuance. A User with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, a minimum of ninety (90) days, but not more than one hundred twenty (120) days, prior to the expiration of the User's existing individual wastewater discharge permit.
   (m)   Regulation of Waste Received from Other Jurisdictions. If another municipality, jurisdiction, or User located outside the City contributes wastewater to the POTW, the City shall enter into an inter- jurisdiction agreement with the contributing User or jurisdiction. Prior to entering into an agreement, the Utilities Commission shall request the following information from the contributing municipality, jurisdiction, or User:
      (1)   An inventory of all Users located within the contributing municipality or     jurisdiction that are discharging to the POTW; and
      (2)   A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
      (3)   Such other information as the Director may deem necessary.
    (n)   An Inter-municipal or Inter-jurisdictional Agreement Shall Contain the Following Conditions.
      (1)   A requirement for the contributing municipality or jurisdiction to adopt a sewer    use ordinance which is at least as stringent as this chapter and Local Limits, including required Baseline Monitoring Reports (BMRs) which are at least as stringent as those set out in this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or Local Limits;
      (2)   A requirement for the contributing municipality or jurisdiction to submit a revised User inventory on at least an annual basis;
      (3)   A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Director; and which of these activities will be conducted jointly by the contributing municipality or jurisdiction and the Director;
      (4)   A requirement for the contributing municipality, jurisdiction or User to provide the Director with access to all information that the contributing municipality or jurisdiction obtains as part of its pretreatment activities;
      (5)   Limits on the nature, quality, and volume of the contributing municipality's, jurisdiction's, or User's wastewater at the point where it discharges to the POTW;
      (6)   Requirements for monitoring the contributing discharge;
      (7)   A provision ensuring the Director access to the facilities of Users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Director; and
      (8)    A provision specifying remedies available for breach of the terms of the inter-municipal, inter-jurisdictional, or User agreement.
   (o)   Best Management Practices.
      (1)   BMP Permits may be issued to groups of low flow dischargers that have similar process and discharge similar types of wastewater.
      (2)   BMP Permits may contain terms, conditions, effluent limits, pretreatment standards and other requirements as deemed necessary to meet the objectives of Chapter 911.
      (3)   Any violations of the BMP Permit terms, conditions, effluent limits, pretreatment standards and requirements shall be deemed a violation of Chapter 911.
         (Ord. 2016-21. Passed 11-28-16; Ord. 2019-38. Passed 12-23-19.)