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The city manager will evaluate the data furnished by the user and may require additional information. Within 60 days of receipt of a complete permit application, the city manager will determine whether or not to issue an IWD permit. The city manager may deny any application for an IWD permit, for good cause.
(`64 Code, Sec. 25-38) (Ord. No. 2494)
IWD permits shall be issued for a specified time period, not to exceed five years. An IWD permit may be issued for a period less than five years, at the discretion of the city manager. Each IWD permit shall indicate a specific date of expiration.
(`64 Code, Sec. 25-39) (Ord. No. 2494)
(A) An IWD permit shall include such conditions as are reasonably deemed necessary by the city manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate biosolids management and reuse, and protect against damage to the system.
(B) IWD permits shall contain:
(1) A statement of the duration of the permit, which in no event shall exceed five years;
(2) A statement that the permit is nontransferable without prior notification to and approval of the city manager in accordance with section 19-61, and provisions for furnishing the new owner or operator with a copy of the existing permit;
(3) Effluent limits, including BMPs based on applicable pretreatment standards;
(4) Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, State and local law;
(5) A statement of applicable civil, criminal and administrative 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; and
(6) Requirements to control slug discharge, if determined by the city manager to be necessary.
(C) IWD permits may contain additions as the city manager deems necessary, including, but not limited to, the following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(2) 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 system;
(3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the system;
(5) Requirements for installation and maintenance of inspection and sampling, facilities and equipment;
(6) A statement that compliance with the permit does not relieve the permittee of responsibility for compliance with all applicable federal and State pretreatment standards, including those that become effective during the term of the permit; and
(7) Other conditions as deemed appropriate by the city manager to ensure compliance with this article, and State and federal laws, rules and regulations.
(`64 Code, Sec. 25-40) (Ord. No. 2494, 2761)
(A) Any person, including the user, may petition the city to reconsider the terms of an IWD permit by filing a petition for reconsideration with the city clerk within ten days of its issuance.
(B) Failure to submit a timely petition for reconsideration shall be deemed to be a waiver of the administrative remedy.
(C) The petition for reconsideration shall set out the permit provisions objected to, the reasons for this objection, and the proposed alternative condition, if any, the petitioner seeks to be included in the permit.
(D) The conditions and provisions of the permit objected to by the user shall not be stayed pending a hearing on the petition.
(E) If the city manager fails to act within 45 days, the petition shall be deemed approved. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative actions.
(F) Parties seeking judicial review of such final administrative petitions shall comply with the requirements set out in Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.
(`64 Code, Sec. 25-41) (Ord. No. 2494)
(A) The city manager may modify a permit for good cause.
(B) Good cause includes, but is 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 characteristic since the time of permit issuance;
(3) A change in the system 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 system, city employees, or the receiving waters;
(5) Violation of any terms or conditions of the permit;
(6) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment standard pursuant to 40 CFR Part 403.13;
(8) To correct typographical or other errors in the permit; or
(9) To reflect transfer of the facility ownership and/or operation to a new owner/operator.
(`64 Code, Sec. 25-42) (Ord. No. 2494)
(A) IWD permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the city manager and the city manager approves the transfer. The notice shall include a written certification by the new owner or operator that:
(1) 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 permit.
(B) Failure to provide advance notice of a transfer renders the permit void as of the date of facility transfer.
(`64 Code, Sec. 25-43) (Ord. No. 2494)
(A) The city manager may revoke an IWD permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the city manager of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the city manager of changed conditions pursuant to section 19-75 of this article;
(3) Misrepresentation or failure to fully disclose all relevant facts in the permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the city manager timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer use charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the 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 permit or this article.
(B) IWD permits shall be voidable upon cessation of operations or transfer of business ownership. All IWD permits issued to a particular user are void upon the issuance of a new IWD permit to that user.
(`64 Code, Sec. 25-44) (Ord. No. 2494)
(`64 Code, Sec. 25-45) (Ord. No. 2494)
An expired IWD permit will continue to be effective and enforceable until the permit is reissued if:
(A) The user has submitted a complete IWD permit application at least 90 days prior to the expiration date of the user's existing permit; and
(B) The failure to reissue the IWD permit before the expiration of the existing permit is not due to any act or failure to act on the part of the user.
(`64 Code, Sec. 25-46) (Ord. No. 2494)
(A) If another legal jurisdiction outside the city, or user located within another legal jurisdiction outside the system, contributes wastewater to the system, the city manager shall enter into an agreement for wastewater services with the municipality or users pursuant to section 19-53 of this article.
(B) Prior to entering into an agreement required by subsection (A) of this section, the city manager shall request the following information from the contributing municipality:
(1) A description of the quality and volume of wastewater discharged to the system by the contributing municipality;
(2) An inventory of all users within the contributing municipality that are discharging to the system; and
(3) Any other information as the city manager may deem necessary.
(C) An agreement, as required by subsection (A) of this section, shall contain the following conditions:
(1) A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits that are at least as stringent as those established under authority of section 19-26. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to this article or local limits;
(2) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(3) A provision specifying which pretreatment implementation activities, including IWD permit issuance, inspection and sampling, and enforcement will be conducted by the contributing municipality; which of these will be conducted by the city manager; and which of these activities will be conducted jointly by the contributing municipality and the city manager;
(4) A requirement for the contributing municipality to provide the city manager with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the system;
(6) Requirements for monitoring the contributing municipality's discharge;
(7) A provision ensuring the city manager access to the facilities of users located in the contributing municipality's jurisdictional boundaries for the purpose of inspecting, sampling, and any other duties deemed necessary by the city manager; and
(8) A provision specifying remedies for breach of the terms of the agreement.
(`64 Code, Sec. 25-47) (Ord. No. 2494)
DIVISION 6. REPORTING REQUIREMENTS
(A) All users required to obtain an IWD permit shall furnish, install and properly maintain a monitoring facility for wastewater sampling. This monitoring facility shall be of a design or configuration approved by the city manager, who may require flow measurement equipment, automatic flow proportional sampling equipment and automatic wastewater analysis and data recording equipment.
(B) Each user, as a part of its application for obtaining an IWD permit, shall propose a suitable location and design for the wastewater monitoring facility. Upon approval of the monitoring facility by the city manager, the user shall perform wastewater monitoring at this facility. The monitoring facility shall be located so as to be safe and accessible to city employees, and shall be constructed in accordance with the city's requirements, and all applicable local building codes and other local construction requirements. The user's proposal for a wastewater monitoring facility shall comply with the city's design requirements and shall be reviewed and approved by the city manager. Plans for all wastewater monitoring facilities, including flow measurement and sampling systems, determined by the city manager to require engineering design, shall be prepared and signed by a civil, chemical or mechanical engineer registered in the State or a registered engineer of other suitable discipline as determined by the city manager.
(C) The user's wastewater sampling analysis and flow measurement procedures, equipment, and results shall be subject to inspection by the city manager at any time. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times by the user.
(D) Failure of a user to keep approved wastewater monitoring facilities clean and in good working order shall not be grounds for the user to claim that any sample results are unrepresentative of the user's wastewater. Flow measurement systems shall be regularly maintained and calibrated in accordance with guidelines established by the city manager.
(`64 Code, Sec. 25-48) (Ord. No. 2494)
(A) Within either 180 days after the effective date of a categorical pretreatment standard by an agency with the appropriate jurisdiction and authority to adopt categorical pretreatment standards, or within 180 days after the final administrative decision on a category determination under 40 CFR Part 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the system shall submit to the city manager a report which contains the information listed in subsection (C) below.
(B) At least 90 days prior to commencement of discharge, new sources, and sources that become categorical users subsequent to the promulgation of applicable categorical standard, shall submit to the city manager a report which contains the information listed in subsection (C) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source shall also give estimates of anticipated flow and quantity of pollutants discharged.
(C) Users described above shall submit the information set forth below, and all such submittals must be signed and certified in accordance with section 19-55 of this chapter:
(1) The name and address of the facility, including the name of the operator and owner;
(2) A list of any environmental control permits held by or for the facility;
(3) A brief description of the nature, average rate of production, and standard industrial classifications of the operation carried out by the user including a schematic process diagram that indicates points of discharge to the system from the regulated processes;
(4) Information showing the measured average daily and maximum daily flow, in gallons per day, to the system from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR Part 403.6(e);
(5) (a) The categorical pretreatment standards applicable to each regulated process;
(b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or the city manager, of regulated pollutants in the discharge from each regulated process including instantaneous, daily maximum, and long-term average concentrations, or mass, where required;
(6) A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether 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 to meet the pretreatment standards and requirements;
(7) If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the user shall provide the city manager with the shortest schedule by which the user shall complete such additional pretreatment and/or O&M. The completion date shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 19-72 of this article;
(8) Any other relevant information requested by the city manager; and
(9) Signed and certified baseline monitoring reports in accordance with section 19-71 of this article.
(`64 Code, Sec. 25-49) (Ord. No. 2494, 2761, 2875)
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