(A) Industrial wastewater discharge permit. Industrial users proposing to connect to or to contribute to the POTW shall first obtain an industrial user permit before connecting to or contributing to the POTW. Any violation of the terms and conditions of an industrial user permit shall be deemed a violation of this chapter and shall subject permittees to the sanctions set out in § 52.99. The industrial wastewater discharge permit may require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, and/or discharge of certain wastewaters only to specified sewers of the POTW. 40 CFR 403.8(f)(1)(iii)(A and B).
(B) Application for permit. Users required to obtain an industrial wastewater user permit shall complete and file with the Murray Sewer System Pretreatment Coordinator, an application in the form prescribed by the City of Murray and accompanied by the permit fee. 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 their current 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 either the Murray Sewer System's laboratory which is certified by the Kentucky Department of Water, or a contracted analytical laboratory, acceptable to the Murray Sewer System; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to 40 USC Part 136, Section 304(g) as amended;
(4) Time and duration of contribution;
(5) Average daily and thirty (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 pretreatment is required for the user to meet applicable pretreatment standards;
(10) Each product produced by type, amount, process or processes, and the 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 the industry, and proposed or actual hours of operation of the pretreatment program;
(13) Any other information as may be deemed by the Pretreatment Coordinator to be necessary to evaluate the permit application; and
(14) A copy of the industry's written environmental control program, comparable document, or policy.
(C) Issuance of permit.
(1) The Pretreatment Coordinator shall evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Pretreatment coordinator may issue an industrial wastewater user permit subject to terms and conditions provided herein.
(2) The Pretreatment Coordinator 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 Pretreatment Coordinator to reconsider terms of a permit within fifteen (15) days of notice of its issuance. The following are applicable:
(a) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(b) In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection and the alternative conditions, if any, it seeks to place in the permit.
(c) The effectiveness of the permit shall not be stayed during the appeal.
(d) The Director of Public Utilities or designee may forward the appeal to the City of Murray Appeals Board. If the Board 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 a judicial review.
(e) Aggrieved parties seeking judicial review of the final administrative action and/or the permit must do so by filing a complaint with the Calloway County Circuit Court in accordance with the appropriate procedures of that court and any statute of limitations.
(D) Permit modifications. The Pretreatment Coordinator may modify an industrial wastewater discharge user permit for good cause, including, but not limited to, the following reasons:
(1) Incorporating new or revised federal, state or local pretreatment standards or requirements;
(2) Addressing significant alterations or additions to the industry's operation, processes or wastewater volume or character since the time the permit was issued;
(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 Murray POTW, personnel, biosolids disposal and/or the receiving stream;
(5) Violation of any terms or conditions of the permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the industrial 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; or
(8) Correction of typographical or other errors in the permit.
(E) Permit conditions. Industrial wastewater discharge user permits shall be expressly subject to all provisions of this chapter and other applicable regulations and user charges and fees, established by the city. Permits may contain the following:
(1) The unit surcharges or schedule of other charges and fees for the wastewater to be discharged into a community sewer;
(2) Effluent limits, including best management practices (BMP), based on applicable pretreatment standards and on the average and/or maximum wastewater constituents and characteristics;
(3) Limits on average and/or maximum rate and time of discharge or requirements for flow regulations and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs which may include sampling location, frequency of sampling, number, type and standards for tests, and reporting schedule;
(7) Requirement for submission of technical reports or discharge reports;
(8) Reports for maintaining and retaining, for a minimum of three (3) years, all plant records relating to pretreatment and/or wastewater discharge as specified by the city, and affording Murray Sewer System access thereto as required by 40 CFR 403.12(O)(2);
(9) Requirements for notification to the Pretreatment Coordinator of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the water resource recovery system;
(10) Requirements for notification of slug discharges;
(11) The permit may require the user to reimburse the city for all expenses related to the monitoring, sampling and testing performed at the direction of the Pretreatment Coordinator and deemed necessary by the Murray Sewer System to verify that the user is compliant with said permit;
(12) Other conditions as deemed appropriate by the city to ensure compliance with this chapter;
(13) A statement that indicates the issuance date, expiration date and effective date of the permit;
(14) A statement that the permit is non-transferable;
(15) Requirements to control slug discharges if determined by the Pretreatment Coordinator to be necessary; and
(16) 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.
(F) Permit violations.
(1) All significant industrial users must notify the Pretreatment Coordinator within twenty-four (24) hours of becoming aware of a permit violation. This notification shall include the date of violation, the parameter violated and the amount in exceedance.
(2) The user shall immediately repeat the sampling and analysis of the parameter(s) in question and submit the results to the Pretreatment Coordinator within thirty (30) days after becoming aware of the violation. Exception to this regulation is only if the Murray Sewer System performs sampling within the same time period for the same parameter(s) in question.
(G) Suspension of permit.
(1) The Pretreatment Coordinator may suspend a permit for industrial wastewater discharge when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety, or welfare, to the local environment or to the Murray Sewer System.
(2) Any discharger notified of a suspension of this permit shall immediately cease and desist the discharge of such industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the Murray Sewer System shall take such steps as are reasonably necessary to ensure compliance.
(3) Any suspended discharger may file with the City Clerk a request for a meeting with the City of Murray Appeals Board. The Committee shall meet within fourteen (14) days of the receipt by the City Clerk of such request. The Committee shall hold a meeting on the suspension and either confirm or revoke the action of the Pretreatment Coordinator. Reasonable notice of the meeting shall be given to the suspended discharger. At this meeting, the suspended discharger may appear personally or through counsel, cross-examine witnesses and present evidence in his own behalf.
(4) In the event that the Committee fails to meet within the time set forth above or fails to issue a decision within a reasonable time after the close of the meeting, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the Pretreatment Coordinator.
(5) The Pretreatment Coordinator shall reinstate the permit on proof of satisfactory compliance with all discharge requirements of the Murray Sewer System.
(H) Revocation of permit.
(1) The Director of Public Works and Utilities or designee may revoke a permit for industrial wastewater discharge on a finding that the discharger has violated any provision of this chapter. No revocation shall be ordered until a meeting on the question has been held by the City of Murray Appeals Committee. At this meeting, the discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his or her own behalf. Notice of the meeting shall be given to the discharger at least fifteen (15) days prior to the date of the meeting.
(2) Any discharger whose permit has been revoked shall immediately stop all discharge of any liquid-carried wastes covered by the permit to any public sewer that is part of the POTW. The Director of Public Works and Utilities or designee may disconnect or permanently block from such public sewer the industrial connection sewer of any discharger whose permit has been revoked if such action is necessary to ensure compliance with the order of revocation.
(3) Before any further discharge of industrial wastewater may be made by the discharger, he or she must apply for a new permit for industrial wastewater discharge and pay all charges that would be required upon initial application together with all delinquent fees, charges, and penalties and such other sums as the discharger may owe to the city. Costs incurred by the Murray Sewer System in revoking the permit and disconnecting the industrial sewer shall be paid for by the discharger before issuance of a new permit for industrial wastewater discharge permit.
(I) Permit duration. Permits shall be issued for a specified period of time, not to exceed five (5) years. A permit may be issued for a period less than a year or may be slated to expire on a specific date. The user shall apply for permit reissuance a minimum of sixty (60) 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 Pretreatment Coordinator during the term of the permit as limitations or requirements are identified, modified or other just cause exists. The user shall be informed of any proposed changes in the permit at least thirty (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.
(J) Permit transfer. Industrial user permits are issued to specific users for specific operations. An industrial user 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, at a minimum, a thirty (30) day prior notification of the change to the control authority and provision of a copy of the existing permit to the new owner. The control authority may deny the transfer of the permit if it is deemed necessary to comply with provisions of this chapter.
(K) Permit modification or revision. The city reserves the right to modify the terms and conditions of this permit at any time as identified in this section. Any new conditions in the permit must include a reasonable time schedule for compliance unless the modification incorporates a new requirement that includes an alternative compliance schedule. The city may also modify the permit to incorporate special conditions resulting from the issuance of a special order. If substantial changes to the permittee's operations or wastewater occur, if federal pretreatment standards are amended, or if the Superintendent of the Water Resource Recovery System determines that there is other good cause, the city may modify the terms and conditions of this permit at any time as identified in this section.
(Ord. 2024-1867, passed 7-11-24)