A. Procedure: Users will be provided with a draft permit for their review and comment prior to permit issuance. The user, or their designee, may petition the city to reconsider the terms of an indirect discharge permit within twenty (20) days of the permit’s issuance as follows:
1. The written petition must be filed with the city clerk within twenty (20) days of the permit’s issuance. Failure to submit a timely petition for reconsideration shall be deemed a waiver of the right to appeal.
2. In its petition, the appealing party must indicate the specific permit conditions objected to, and the reasons for this objection, and shall present alternative conditions to meet the intent of this chapter.
3. The effectiveness of the permit shall not be stayed pending the appeal.
4. The city clerk shall provide a written decision to the appealing party within ten (10) working days from the date the appeal was filed. If the city clerk shall fail to respond within ten (10) working days, the petition for reconsideration shall be deemed denied.
5. Decisions of the city clerk regarding the petition for reconsideration may be appealed to the city water and sewer committee by filing a written request for appeal with the city clerk within fifteen (15) days of the decision of the city clerk. The city water and sewer committee shall address the appeal at its next scheduled meeting. The appealing party may appear and present evidence and testimony at said meeting. The decision of the city water and sewer committee regarding the petition shall be in writing.
6. The decision of the city water and sewer committee may be appealed to the city council by filing a notice requesting an appeal with the city clerk within fifteen (15) days of receipt of the written decision.
B. Indirect Discharge Permit Modifications: The terms and conditions of an indirect discharge permit may be subject to modification by the city at any time as limitations or requirements are modified or other just cause exists. Any permit modifications which result in new conditions shall include a reasonable time schedule for compliance as determined by the city. Other reasons for modification include, but are not limited to, the following:
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 since the time of permit issuance or the last modification;
3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
4. To incorporate special conditions resulting from the issuance of a special order or an enforcement action;
5. To correct typographical or other errors in the indirect discharge permit;
6. Information indicating that the permitted discharge poses a threat to the city’s POTW, city personnel, or the receiving waters;
7. Violation of any terms or conditions of the wastewater discharge permit;
8. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; or
9. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13. (Ord. 1526 § 8, 2023: Ord. 1397, 2015: Ord. 1056, 1992)