A. A permit is required to discharge industrial wastewater.
1. No person shall discharge or cause to be discharged any industrial wastewater directly or indirectly to the POTW without first obtaining an industrial wastewater discharge permit or an authorization letter. The director shall set requirements at least as stringent as applicable state or federal rules, regulations or pretreatment standards.
2. A permit shall be required for all food service facilities, except those that were built in accordance with previously adopted editions of a plumbing code and those that install and maintain an appropriate pretreatment device and implement the best management practices program as outlined in Article XIV of this chapter. Facilities shall be responsible for ensuring that the discharges from their operations are in compliance with the provisions set forth in this chapter. Any food service facility found to be in violation with any part of this chapter may be required to obtain an industrial wastewater discharge permit and correct the deficiencies.
3. The director may require a separate permit for each connection to the POTW.
4. The director may require a separate permit from each tenant as well as the owner or manager of any multi-tenant property, including, but not limited to: shopping centers, medical centers, and industrial or commercial parks.
5. All permit applications shall be signed as follows:
a. For a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:
i. A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
ii. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations; to initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; to ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and to whom authority to sign documents has been assigned or delegated in accordance with corporate procedures.
b. For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or
c. For a municipality, state, federal or other public agency: By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a federal agency includes:
i. The chief executive officer of the agency, or
ii. A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
6. All reports required by permit and other information requested by the director shall be signed by a person described in Section 13.36.110(A)(5) or by a duly authorized representative of that person. If an authorization under this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Section 13.36.040(A) must be submitted to the director prior to or together with any reports to be signed by the individual.
7. Any person signing a document shall make the following certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
B. Application Submittal—All Users.
1. All users required to obtain a permit shall file with the director an application in the form prescribed by the director and accompanied by the permit application fee.
2. The permit application, or reapplication, shall contain at least the following information:
a. A completed industrial wastewater discharge permit application/questionnaire form signed and dated by a person described in Section 13.36.110(A)(5) or by a duly authorized representative of that person;
b. Any drawing, plan, diagram, site plan, or plumbing plan of the property requested by the director showing accurately all plumbing and sewerage necessary to satisfy permitting requirements;
c. Wastewater discharge flow information and water consumption information;
d. The North American Industry Classification System (NAICS) Code and Standard Industrial Classification (SIC) Code required by state law or 40 CFR which best characterizes the industrial discharge activities undertaken on the property;
e. Identification and listing of all hazardous materials or hazardous substances that are, or are expected to be generated, consumed, used or stored on the property including the quantities thereof, storage and spill prevention facilities, and method of disposal for any such materials or wastes.
3. For only significant industrial users in addition to the requirements in subsection (B)(2), above:
a. Chemical analysis of any industrial wastewater constituent that may be discharged to the POTW for the determination of permit requirements;
b. Identification and listing of all environmental control permits held by the applicant that are applicable to the property or to any operation, process, or facility thereon;
c. Any applicable U.S. EPA Categorical determination made by the applicant using 40 CFR §§ 405 to 471 as adopted in AAC R18-9-A905(A)(9). If the applicant is regulated under the above provisions, the applicant shall identify all applicable pretreatment standards (for existing or new sources as appropriate) by subsections. If the applicant determines that it is not so regulated it shall so state. At least ninety days prior to commencement of discharge, new sources shall submit a report which contains the information in a baseline monitoring report as required by 40 CFR § 403.12(b) as adopted in AAC R18-9-A905(A)(8)(b). Within 90 days following commencement of the introduction of wastewater into the POTW, new sources shall submit a ninety-day compliance report as required in 40 CFR § 403.12(d) as adopted in AAC R18-9-A905(A)(8)(b).
4. The director may require the submittal of other information to assist in the determination of permit requirements.
5. The director shall issue a written or electronic notice of administrative completeness or deficiencies to a permit applicant within fifteen business days. If the director determines that the application is not administratively complete, the director shall include a comprehensive list of the specific deficiencies. The administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date the director receives the missing information from the applicant. The director may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. Once the application is administratively complete, the substantive review time frame begins and the director shall respond to permit applications within thirty business days of receipt of a completed permit application. During the substantive review time frame, the director may make one comprehensive written or electronic request for additional information. The substantive review time frame and overall time frame are suspended from the date the request is issued until the date that the county receives the additional information from the applicant. The total overall timeframe for the permit application process shall be forty-five business days not counting time response time by the applicant. By mutual written or electronic agreement, the director and an applicant for a permit may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed twenty-five per cent of the overall time frame.
6. All users shall reply to the director and submit any permit application or questionnaire forms and any other related lists, plans, analyses, flow information or other materials, as requested by the director, within thirty days of receipt of any such forms or request unless given an extension by the director.
7. Permit decisions may be appealed to the director by responding in writing to the director within thirty-three days of the issuance of the permit decision. The appeal should include a detailed description of the portion of the permit and/or permit decision the applicant is appealing and their justification for the requested revision of the permit. The director shall respond to the applicant in writing within thirty business days.
8. Subsequent to an appeal to the director, an appeal may be made to the board of supervisors by filing a request with the clerk of the board of supervisors in the event that satisfactory resolution of permit application decisions is not agreed upon.
(Ord. 2013-32 (part), 2013)