A. Permit Application. Users required or who may be required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city. A new industrial permit fee may be assessed at the time of the application. Existing Class I and II users (except those with current permits) shall apply for a wastewater discharge permit within ninety days following the effective date of the ordinance codified in this chapter, and new users shall apply at least thirty days prior to connecting or contributing to the city facilities. In support of the application, the user may be required to submit, in units and terms appropriate for evaluation, some or all of the following information, but will in all cases, be required to submit Items 16 and 17:
1. Name and address of the operator or owner and location of the facility for which the permit application is being made;
2. SIC number(s) according to the Standard Industrial Classification Manual;
3. A list of all environmental control permits and hazardous substance release response (spill) plane for the facility;
4. Time(s) and duration of all process discharges;
5. Average daily and fifteen-minute peak wastewater flow rates, including daily, monthly, and seasonal variations 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, provided such chemicals are present in quantities sufficient to cause harm to the operations of the city or the environment if released. A description of any and all existing or proposed wastewater pretreatment facilities, construction drawings and design criteria shall also be submitted;
8. The nature and concentration of any pollutants in the discharge which are limited by the city or state pretreatment standard or requirement or by national pretreatment standard. Pollutant data shall be provided for each regulated process stream. In the case of an existing user, a statement regarding whether or not the pretreatment standards, and requirements are being met on a consistent basis and if not whether additional operation and maintenance and or additional pretreatment is required for the user to meet applicable pretreatment standards and requirements;
9. If additional pretreatment housekeeping, process changes, and or operations will be required to meet the pretreatment standards and requirements the user will provide such additional pretreatment on a schedule accepted by the city. The completion date in this schedule shall not be later than the compliance date established by the EPA, the state or the city for the applicable standard.
The following conditions shall apply to this schedule:
a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable standards (such as hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
b. The user shall submit a progress report no later than fourteen days following each date in the schedule and the final date of compliance to the director of public works, including, as a minimum, whether or not the user complied with the increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established;
10. Each product produced by type, amount, process or processes, and rate of production;
11. Type and amount of raw materials processed (average and maximum per day) provided such materials are present in quantities sufficient to cause harm to the operations of the city or to the environment if released;
12. Number, type, and volume/amount of hazardous substances stored on the premises and a description of the variety of the method of storage and or the containment device for such substances, provided such substances are present in quantities sufficient to cause harm to the operations of the city or to the environment if released;
13. A description of spill protection and emergency response procedures used or proposed to be used at the facility;
14. Number and classification of employees' hours of operation of the plant, and proposed or actual hours of operation of pretreatment system;
15. A signed statement of the authorized representative of the industrial user applicant that the information presented in the permit application is true and accurate to the best of the authorized representatives knowledge, and that the applicant is or upon connection will be in compliance with applicable pretreatment standards and requirements on a consistent basis and if not, whether additional operation and maintenance (O & M) and/or additional pretreatment is required for the applicant to meet such standards and requirements;
16. A signed certification of a qualified professional that the applicant is or upon connection will be in compliance with applicable pretreatment standards and requirements on a consistent basis and if not, whether additional O & M and or pretrgatment is required for the applicant to meet such standards and/or requirements;
17. Any other information deemed by the city to be necessary to evaluate the permit application.
B. Permit Application Evaluation. All new industrial users shall arrange for a city representative to conduct a walkthrough site inspection of the user's facilities during the ninety-day period prior to connecting or contributing waste or wastewater to the city facilities. New industrial users shall submit to the city, within ninety days after commencement of discharge to the city's facilities, an analysis of the discharge representing wastewater constituents and characteristics, including, but not limited to, those mentioned in this chapter.
The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may decide that no discharge permit is required, or the city may determine that the user is either a Class I or Class II industrial user, the city shall issue a wastewater discharge permit subject to the terms and conditions provided in this chapter.
C. Permit Conditions. Permits may contain provisions, requirements and standards appropriate to carry out the objectives of this chapter, including but not limited to, the following:
1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the city's collection system;
2. Limits on average and maximum wastewater constituents;
3. Limits on average and maximum rate and time of discharge or requirements for flow regulation;
4. Requirements for installation and maintenance of sampling and flow metering facilities;
5. Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number types and standards for tests and reporting schedule;
6. Compliance schedules;
7. Requirements for submission of technical reports or periodic compliance reports;
8. Requirements for maintaining and retaining plant records relating to wastewater discharge, hazardous wastes manifests, and as specified by the city and chemical inventories;
9. Requirements for notification to the city of any new introduction of pollutants or any change in plant processes or in the volume or character of the wastewater constituents being introduced into city facilities;
10. Requirements for notification of slug or accidental discharges, including discharge limit violations, or upset of the pretreatment facility;.
11. Requirements for providing the city with design and construction plans and specifications of the wastewater pretreatment facility whether proposed or in existence;
12. Requirements for providing the city with plans and specifications of the dischargers industrial or commercial operation and/or process, including such other information as the city may reasonably request that pertains to the industrial users operation;
13. Requirements for notification of any planned alteration of the proposed or existing wastewater pretreatment;
14. Requirements for the notification to the city of planned alterations of the industrial user, which could result in an alteration of the users process discharge or the potential for an accidental spill or slug discharge;
15. Requirements prohibiting bypass of the wastewater pretreatment facility, unless bypass is essential for maintenance, or unavoidable to prevent loss of life, injury, or severe property damage;
16. Requirement that the discharger notify the city prior to any bypass other than accident or emergency;
17. Requirements to have emergency spill plans on file with the city;
18. Requirements to certify that the industrial user has not discharged through a city facility hazardous substances, which substances have been stored or used in the user's process and which the user contends will not in ordinary course of the user's operation, enter the sewer system;
19. Requirements for re-sampling following a discharge violation and the submittal of reports explaining the cause of the violation and the steps that have been or will be taken to prevent a reoccurrence of the violation;
20. Requirements for providing access to city personnel at all reasonable times to conduct sampling and/ or inspection of any and all processes which can contribute to the waste stream, including the actual wastewater discharge;
21. Requirements for providing the city with operation and maintenance records for the wastewater pretreatment facility, including periodic updates, as appropriate;
22. The prohibition of dilution as partial or complete substitute for adequate treatment to achieve compliance with permit conditions;
23. Signatory requirements specifying the responsible corporate officer for the industrial user;
24. Other conditions as deemed appropriate by the city to ensure compliance with this chapter;
25. Technical provisions or requirements related to the wastewater treatment facility, which in the opinion of the city, may be necessary to ensure the adequacy and reliability of the wastewater pretreatment system. These technical conditions may include conditions requiring continuous monitoring, training personnel, alarm systems, automated shutoff, flow through monitoring, and or provisions for discharges in batch amounts only subsequent to sample testing.
D. 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 a year or may be stated to expire on a certain date. The user shall apply for permit reissuance a minimum of ninety days prior to the expiration of the user's existing permit. The terms and conditions may be subject to modification by the city during the term of the permit as limitations or requirements as identified in Section 13.05.180(C) are modified or other just cause exists. The user shall be informed of any proposed changes in his or her permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
E. Wastewater Discharge Permit Contract. The city shall require Class I industrial user to enter into a wastewater discharge permit contract for connecting to or contributing wastewater to the city facilities. The wastewater discharge permit contract shall incorporate the provisions of this chapter by reference including all requirements and standards as may be set forth herein or promulgated by ordinance or resolution. The wastewater discharge permit contract may contain all of the permit provisions set forth in Section 13.05.180A. In addition, the permit contract may contain provisions including but not limited to the following:
1. Provisions for liquidated damages for discharges in violation of the discharge prohibitions and limitations of this chapter and/or of such special prohibitions or limitations as may be set forth in the permit contract. These liquidated damages provisions may be proposed without regard to proof of pass-through, damage to the environment, or interference to. the city facilities or operations may be assessed on strict liability basis for violation of the noted provisions;
2. Requirements for providing proof of insurance, indemnification of the city and bonding in order to adequately protect the city, in its judgment, from the potential of the increased exposure to liability due to user's discharge;
3. Provisions for termination of the permit contract and wastewater sewer service for violation of this chapter or other wastewater permit contract conditions;
4. Any and all other conditions as may be deemed appropriate by the city to ensure compliance with all provisions of this chapter and the objectives set forth herein.
F. Permit Modifications. When a new National Categorical Pretreatment Standard is promulgated, the wastewater permit of each user will be revised to require compliance with such standard within the time for compliance prescribed by such standard or within ninety days, which ever is shorter. A user subject to national pretreatment standard, who has not previously submitted an application, for a wastewater discharge permit as required by Section 13.05.260 of this chapter, shall apply for a wastewater discharge permit within ninety days after the promulgation of the applicable national pretreatment standard. A user with an existing wastewater discharge permit shall submit to the public works director within ninety days after the promulgation of an applicable federal pretreatment standard the information required by Section 13.05.180A.
In the event the city determines that it is necessary in order to comply with the objectives of the chapter to impose more stringent limitations or requirements on dischargers to the wastewater disposal system than are set forth in the existing permit (for reasons other than issuance of new national pretreatment standard) the city shall have the right to require such reasonable modifications of an existing permit to incorporate such more stringent limitations or requirements. In the event such permit modification is required, the user shall be provided with reasonable time to make such modifications to its processes or procedures to meet the more stringent requirements. If the permit modification requires construction or acquisition of equipment related to pretreatment the compliance schedule will provide for up to one hundred eighty days to comply; however, this period may be extended by another one hundred eighty days by the director of public works if he or she determines that good cause exists for an additional period, and that the user remains in compliance with the permit conditions in effect prior to amendment, during the compliance period.
G. Permit and Contract Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater permit will not be reassigned or transferred or sold to a new owner, new user, different premises or a changed operation without the prior approval of the city. All the terms and conditions will still apply to a preceding owner. (Ord. 01-102 § 2(part), 2001).