A. Wastewater discharge permit duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five years at the discretion of the City. Each wastewater discharge permit will indicate a specific date upon which it will expire. The permit may be administratively extended by the City as long as the duration of the permit does not exceed five years.
B. Wastewater discharge permit contents. Wastewater discharge permits shall be expressly subject to specific permit provisions contained therein as well as to provisions of this Part and all other regulations, user charges and fees established by the City. Wastewater discharge permits may include such conditions as are reasonably deemed necessary by the City 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 sludge management and disposal, protect ambient air quality, and protect against damage to the City's collection system and POTW. Such conditions may include, but are not limited to, the following:
(1) Wastewater discharge permits must contain:
(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years.
(b) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with § 467-205E of this Part, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(c) Effluent limits based on applicable pretreatment standards; the average and or maximum wastewater constituents permitted in the wastewater discharge.
(d) Self-monitoring, sampling, reporting, notification, and recordkeeping 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, and reporting frequency.
(e) A statement of applicable civil and criminal 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.
(2) Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(a) Limits on the average and/or maximum volume or rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.
(b) 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 treatment works.
(c) Requirements for the development and implementation of spill and slug prevention, control plans, solvent management plans, toxic organic management plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges.
(d) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
(e) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.
(f) Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(g) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit.
(h) Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges.
(i) Compliance schedules.
(j) Provisions for authorized City employees and agents to enter and inspect the premises, including provisions for copying records, inspecting monitoring equipment and sampling effluent.
(k) Compliance with federal, state and other government laws, rules and regulations.
(l) Signatory requirements.
(m) Other conditions as deemed appropriate by the City to ensure compliance with this Part, and state and federal laws, rules and regulations.
(3) The zero-discharge permit may require, among other things, that:
(a) The zero discharge system be installed as proposed and be fully operational.
(b) All sewer drain lines in the facility be capped off and sealed.
(c) The user notify the City in writing, and obtain a revised wastewater discharge permit from the City before resuming discharge if he/she wishes to reconnect to the sewer.
(d) City personnel be authorized to enter such premises without delay and at reasonable times for the purpose of inspection and as otherwise authorized by this Part.
(4) The nonsignificant user permit may include the items listed in Subsection B(1) and (2).
C. Wastewater discharge permit reconsideration. The City may provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the City to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.
(1) Failure to submit a timely written request for review shall be deemed to be a waiver of the administrative appeal.
(2) The petitioner, in its written request, must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(3) Written request.
(a) During the pendency of a written request for a reconsideration and/or an appeal, the effective date of the wastewater discharge permit shall be stayed; provided, however, that the City shall have the right to take any and all steps necessary to cause a cessation of any discharge which would cause an immediate threat to the health and safety of any person and/or would constitute a threat to the integrity of the sanitary sewer system or the POTW.
(b) This section shall only be operative to stay the effective date of the wastewater discharge permit where the City has affirmatively responded to the application and granted a stay for such reasonable time as the City deems necessary to consider the requests for reconsideration and/or appeal and, furthermore, said stay of the permit shall only be effective for the specific provisions of the permit which have either been appealed and/or a request for reconsideration has been submitted by the applicant. The request for reconsideration and/or appeal shall not be considered a stay of the entire permit, but only for those specific sections of the permit from which the applicant is seeking relief.
(4) The City shall act on the written request within a reasonable time period, not to exceed 90 days. The City's decision not to consider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered a final administrative action provided that the petitioner may file an appeal pursuant to § 467-212G hereunder.
D. Wastewater discharge permit modification.
(1) The City may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) To incorporate any new or revised federal, state or local pretreatment standards or requirements.
(b) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance.
(c) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
(d) Information indicating that the permitted discharge poses a threat to the City's POTW, City personnel or the receiving waters.
(e) Violation of any terms or conditions of the wastewater discharge permit.
(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
(g) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13.
(h) To correct typographical or other errors in the wastewater discharge permit.
(i) To reflect a transfer of the facility ownership or operation to a new owner or operator.
(2) A user may apply for modification of a discharge permit by filing a new application form showing substantial significant and material changes that have been proposed since filing the original application. No application for modification will be considered unless it demonstrates such changes.
(3) After a review of the application and inspection of the facility, the City may, at its discretion, modify the original permit. If such application is rejected, the existing permit shall remain in full force and effect.
(4) The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a hearing on modifications to his or her permit in accordance with the provisions of § 467-212.
E. Wastewater discharge permit transfer.
(1) Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days' advance notice to the City and the City approves the wastewater discharge permit transfer. The notice to the City must include a written certification by the new owner or operator which:
(a) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes.
(b) Identifies the specific date on which the transfer is to occur.
(c) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(2) Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
F. Wastewater discharge permit revocation.
(1) The City may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) Failure to provide prior notification to the City of changed conditions pursuant to § 467-206E of this Part.
(b) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.
(c) Falsifying self-monitoring reports.
(d) Tampering with monitoring equipment.
(e) Refusing to allow the City timely access to the facility premises and records.
(f) Failure of the user to meet the effluent limitations contained in the wastewater discharge permit.
(g) Failure to pay fines after the appeal process has been exhausted.
(h) Failure to pay sewer charges.
(i) Failure to meet compliance schedules.
(j) Failure to complete a wastewater survey or the wastewater discharge permit application.
(k) Failure to provide advance notice of the transfer of business ownership of a permitted facility.
(l) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Part.
(2) Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
G. Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 467-204F of this Part, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit. Having met this requirement, the user's existing permit shall remain in effect until a new permit is issued.
H. Reinstatement of permit. Before any further discharge of industrial wastewater may be made by a user whose permit has been revoked, the user must apply for, and be granted, a reinstatement of the terminated permit, or a new permit, as the City may require, and pay any delinquent fees and all fines, charges, and other costs occasioned by the violation. Costs shall include, but not be limited to, inspection, monitoring, sampling and related expenses; restitution to other affected parties; reasonable attorney's fees incurred by the City in enforcing the permit; disconnecting and reconnecting the user to the facility; and other actual damages incurred due to the violation; provided that where there is a bona fide dispute between the user and any other affected party, the user shall not be required to pay restitution so long as the user shall show evidence of insurance or other security that the user can pay said restitution to the affected party if it is ultimately determined that the user is liable to said third parties. Any such fines, fees, charges and costs shall be paid for by the user before any new permit will be issued, except for the provision for disputed restitution set forth above. When all costs cannot be readily determined, the City may require and accept a bond or irrevocable letter of credit which it considers sufficient and which will be subject to appropriate adjustment after all costs have been determined.
I. Regulation of waste received from other jurisdictions.
(1) If another municipality, or user located within another municipality, contributes wastewater to the POTW, the City shall enter into an intermunicipal agreement with the contributing municipality.
(2) Prior to entering into an agreement required by Subsection I(1) above, the City shall request the following information from the contributing municipality:
(a) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality.
(b) An inventory of all users located within the contributing municipality that are discharging to the POTW.
(c) Such other information as the City may deem necessary.
(3) An intermunicipal agreement, as required by Subsection I(1) above, shall contain the following conditions:
(a) A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this Part and local limits which are at least as stringent as those set out in § 467-202C of this Part. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City's ordinance or local limits.
(b) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis.
(c) A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the City; and which of these activities will be conducted jointly by the contributing municipality and the City.
(d) A requirement for the contributing municipality to provide the City with access to all information that the contributing municipality obtains as part of its pretreatment activities.
(e) Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW.
(f) Requirements for monitoring the contributing municipality's discharge.
(g) A provision ensuring the City access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the City.
(h) A provision specifying remedies available for breach of the terms of the intermunicipal agreement.