(a) Industrial Waste Discharge Permit and Pretreatment. No person shall discharge industrial waste, either directly or indirectly, into the Village Sewage Works without first obtaining approval and/or a written permit from the Village. Such approval and/or written permit shall be granted after the Administrator has ascertained that the discharge of waste in the particular instance is not in violation of this chapter and the discharge shall receive satisfactory pretreatment as may be required by this chapter. Industries classified as significant industrial users and others as deemed necessary by the Administrator shall obtain the written permit. Obtaining an approval and/or a discharge permit does not relieve the industry from its obligation to obtain other permits required by Federal, State or local law. Upon due notification and for just cause, the Village has the right to revoke or suspend any permit issued in accordance with this chapter.
(b) Wastewater Discharge Permit Disclosure. All industrial users proposing to connect to, or to discharge sewage, industrial wastes and other wastes to, the sewage works shall complete and file with the Village, a permit application in the form prescribed by the Village. Existing industrial users shall file the necessary forms within thirty (30) days after receiving an official request by the Administrator to do so, and a proposed new user shall file its forms at least ninety (90) days prior to connecting to the sewage works. No discharge permit shall be issued unless and until the user has submitted the following required information:
(1) Disclosure of name, address, and location of the user;
(2) Disclosure of user's Standard Industrial Classification (SIC) number according to the Standard Classification Manual, Bureau of the Budget, 1972, as Amended;
(3) Disclosure of user's wastewater constituents and characteristics including but not limited to those mentioned in this chapter, as determined by bona fide chemical and biological analysis. Sampling and analysis shall be performed in accordance with procedures established by the USEPA and contained in 40 CFR, Part 136, as amended;
(4) Disclosure of time and duration of user's discharges;
(5) Disclosure of user's average daily and instantaneous peak wastewater flow rates, 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 Village due to cost or non-feasibility;
(6) Disclosure of the user's site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
(7) Description of user's activities, facilities and plant processes on the premises including all materials which are or may be discharged to the Village’s sewage works;
(8) Disclosure of the nature and concentration of any pollutants or materials prohibited by this chapter in the user's 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 user to comply with this chapter;
(9) Where additional pretreatment and/or operations and maintenance activities will be required to comply with this chapter, the user shall provide a declaration of the shortest schedule by which the user will provide such additional pretreatment and/or implementation of additional operational and maintenance activities according to Section 925.07
(c);
(10) Disclosure of each product produced by the user by type, amount, process or processes, and rate of production;
(11) Disclosure of the type and amount of raw materials utilized by the user (average and maximum per day);
(12) All disclosure forms shall be signed by a principal executive of the user and a qualified engineer licensed to practice in the State of Ohio;
(13) For industrial users subject to equivalent mass or concentration limits a reasonable measure of the user's long term production rate shall be included. For all other industrial users subject to categorical regulations in terms of allowable pollutant discharge per unit of production the report shall include the users' actual production during the period sampled as per 40 CFR 403.12(d);
(14) Permit applications shall include a certification statement as required in 40 CFR 403.6(a)(2)(ii) and amendments thereto.
The Administrator will evaluate the complete application and data furnished by the user. Within thirty (30) days, and after full evaluation, the Village will: notify the user of acceptance and if deemed necessary, issue a Wastewater Discharge Permit subject to terms and conditions provided for herein; or reject the application and state the basis therefor.
(c) Permit Conditions. Wastewater Discharge Permits shall specify no less than the following:
(1) Fees and charges to be paid upon initial permit issuance;
(2) Limits on the average and maximum wastewater constituents and characteristics regulated thereby;
(3) Limits on average and maximum rate and time discharge and/or requirements for flow regulations and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Special conditions, as the Village may reasonably require under particular circumstances, of a given discharge including sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
(6) Compliance schedules; and
(7) Requirements for submission of special technical reports or discharge reports where the same differ from those prescribed by this chapter.
(d) Permit Duration. All Wastewater Discharge Permits are issued for a specified time period not to exceed five (5) years.
(e) Permit Continuation. An expired permit will continue to be effective and enforceable until the permit is reissued if:
(1) The user has submitted a completed permit application at least ninety (90) days prior to the expiration of the user's current permit; and
(2) The failure to reissue the permit prior to its expiration is not due to any act or failure to act on the part of the user.
(f) Permit Modification. The Village reserves the right to amend any Wastewater Discharge Permit issued hereunder in order to assure compliance with applicable laws and regulations. Any request for modification filed by the user does not stay the existing permit. Within nine (9) months of the promulgation of a National Categorical Pretreatment Standard, the Wastewater Discharge Permit of each user subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. All National Categorical Pretreatment Standards adopted after the promulgation of this chapter shall be adopted by the Village as part of this chapter. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for a Wastewater Discharge Permit per subsection (a) hereof, the user shall apply for a Wastewater Discharge permit from the Village within one hundred eighty (180) days after the promulgation of the applicable National Categorical Pretreatment Standard by the USEPA. In addition, the user with an existing Wastewater Discharge Permit shall submit to the Village within one hundred eighty (180) days after the promulgation of an applicable National Categorical Pretreatment Standard, the information required by subsections (b)(8) and (9) hereof. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. In addition the Village will forward pertinent information regarding changes in the National Pretreatment Categorical Standards to industries affected if the information received by the Village from the EPA does not indicate that the industry has already been informed by the EPA.
(g) Permit Appeals. The Administrator will provide all interested persons with notice of final permit decisions. Upon notice by the Administrator, any person, including the industrial user, may petition to appeal the terms of the permit within thirty (30) days of the notice. All such appeals are subject to the following conditions:
(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the appeal;
(2) In its petition, the appealing party must indicate the permit provisions objected to, the reason for this objection, and the alternative condition, if any, it seeks to be placed in the permit;
(3) The permit shall be in effect and shall not be stayed pending a reconsideration by the Village. If, after considering the petition, the Village determines that reconsideration is proper, the Village shall remand the permit for re-issuance. Those permit provisions being reconsidered shall be stayed pending reissuance;
(4) The Village's decision not to reconsider a final permit shall be considered final administrative action for the purpose of judicial review; and
(5) Aggrieved parties seeking judicial review of the final Industrial Wastewater Discharge Permit conditions must do so by filing an appeal with the court of competent jurisdiction.
(h) Permit Transfer. Wastewater Discharge Permits are issued to a specific user for a specific operation and may not be assigned to another user, or transferred to any other location, without the prior written approval of the Administrator.
(Ord. 10-96. Passed 3-25-96.)