(a) General Permits. All existing major significant industries and minor significant industries connected to or contributing to the POTW shall apply for a wastewater discharge permit within a period established by the POTW, but not to exceed thirty days after the effective date of this section. All future major significant and minor significant industries proposing to connect to or to contribute to the POTW shall apply for a wastewater discharge permit. If the Director deems necessary, the existing or future discharger shall receive a permit before connecting to or contributing to the POTW.
(b) Permit Application. Major significant and minor significant industries required to obtain a wastewater discharge permit shall complete and file with the City an application in the form prescribed by the City. Existing major significant industries and minor significant industries shall apply for a wastewater discharge permit within a period established by the POTW, but not to exceed thirty days after the effective date of this section. Proposed new major significant industries and minor significant industries shall apply at least ninety days prior to connecting to or contributing to the POTW. In support of the application, the major significant industry and minor significant industry shall submit, in units and terms appropriate for evaluation, the information which follows. If actual data are not known, the best available information should be given.
(1) Name, address and location;
(2) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended;
(3) Wastewater constituents and characteristics including but not limited to those mentioned in this chapter as determined by a reliable analytical laboratory. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
(4) Time and duration of discharges;
(5) Average daily and thirty-minute peak wastewater flow, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the City due to cost or nonfeasibility;
(6) A schematic process diagram which indicates points of discharge to the POTW from the regulated process;
(7) Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the City;
(8) Where known, 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 discharger to comply with this chapter;
(9) Where additional pretreatment and/or operation and maintenance activities will be required to comply with this chapter, the discharger shall provide a schedule of compliance meeting all conditions required by Section 927.20(b);
(10) Average rate of production;
(11) All sewers shall have an inspection and sampling structure accessible at all times to the City for use in sampling the industry's discharge to assure compliance with this chapter. Before the inspection and sampling structure is constructed, plans shall be reviewed and approved by the Director or his designated agent.
The Director shall evaluate the data furnished by the discharger and may require additional information. After evaluation and acceptance of the data furnished, the Director may issue a wastewater discharge permit subject to terms and conditions provided herein. The Director reserves the right to re-evaluate all industrial dischargers at any time and require a permit to be issued.
(c) Permit Modifications. The City reserves the right to amend this chapter and the terms and conditions thereof in order to assure compliance by the City with applicable laws and regulations. Within nine months of the promulgation of a National Categorical Pretreatment Standard, the wastewater discharge permits of dischargers subject to such Standard shall be revised to require compliance with such Standard within the time frame prescribed by such Standard. Where a discharger subject to a National Categorical Pretreatment Standard has not previously submitted an application as required by subsection (b) hereof, the discharger shall apply for a wastewater discharge permit within ninety days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, any discharger with an existing wastewater discharge permit shall submit to the City within ninety days after the promulgation of an applicable National Categorical Pretreatment Standard the information required by subsection (b)(8) and (9) hereof.
(d) Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the City. Permits shall contain the following:
(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 which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(5) Compliance schedule;
(6) Requirements for submission of technical reports or discharge reports as outlined in Section 927.11;
(7) Requirements for maintaining and retaining pretreatment facility records relating to wastewater discharge as specified by the City, and affording City access thereto;
(8) Requirements for notification by 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 excessive, accidental or slug discharges pursuant to Section 927.06;
(10) A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal pretreatment standards, including those which become effective during the term of permit;
(11) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule;
(12) Other conditions as deemed appropriate by the City to ensure compliance with this chapter.
(e) Permit Issuance Process.
(1) 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 three years or may be stated to expire on a specific date;
(2) Permit appeals. The Director shall provide all interested persons with notice of final permit decisions. Upon notice by the Director, any person, including the industrial discharger, may petition to appeal the terms of the permit within thirty days of the notice.
A. Failure to submit a timely petition for review shall be deemed to be waiver of the appeal;
B. In its petition, the appealing party shall indicate the permit provisions objected to, the reasons for this objection and the alternative condition, if any it seeks to be placed in the permit;
C. The effectiveness of the permit shall not be stayed pending a reconsideration by the Director. If, after considering the petition and any arguments put forth by the wastewater and pretreatment staff, the Director determines that reconsideration is proper, it shall remand the permit back to the pretreatment staff for reissuance. Those permit provisions being reconsidered by the Director shall be stayed pending reissuance;
D. A Director's decision not to reconsider a final permit shall be considered final administrative action for purposes of judicial review.
(f) Permit Transfer. Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the Director:
(1) The permittee shall give at least thirty days advance notice to the Director;
(2) The notice shall include a written certification by the new owner which:
A. States that the new owner has no immediate intent to change the facility's operations and processes;
B. Identifies the specific date on which the transfer is to occur;
C. Acknowledges full responsibility for complying with the existing permit.
(g) Permit Reissuance. The discharger shall apply for permit reissuance by submitting a permit renewal application a minimum of thirty days prior to the expiration of the discharger's existing permit.
(h) Continuation of Expired Permits. An expired permit shall continue to be effective and enforceable until the permit is reissued if:
(1) The discharger has submitted a complete permit renewal application at least thirty days prior to the expiration date of the discharger's existing permit;
(2) The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the discharger.
(Ord. 107-1991. Passed 6-24-91.)