(a)   Permit Contents. Permits shall contain, as appropriate, the following:
      (1)   Statement of duration (not greater than five years), including issuance and expiration dates;
      (2)   Effluent limitations based on the more stringent of categorical pretreatment standards, local limits as established by this chapter, and State and local law;
      (3)   General and specific discharge prohibitions as established by Section 1046.04;
      (4)   Requirements to pay fees for the wastewater to be discharged to the POTW;
      (5)   Limitations on the average and maximum rate and time of discharge or requirements for flow regulation and equalization;
      (6)   Requirements for installation and maintenance of inspection and sampling facilities;
      (7)   Requirements and specifications for monitoring programs, including sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
      (8)   Compliance schedules;
      (9)   Requirements for submission of technical reports, discharge reports or certification statements. These include any reporting requirements contained in a national categorical standard or pretreatment requirement;
      (10)   Requirements for collecting/retaining and providing access to plant records relating to the user's discharge and for providing entry for sampling and inspection;
      (11)   Requirements for notification of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater or treatment system;
      (12)   Requirements for notification of spills and potential problems to the POTW, including slug loadings, upsets or violations;
      (13)   Requirements for installation, operation and maintenance of pollution control equipment;
      (14)   Requirements to develop and implement spill and slug control plans;
      (15)   Other conditions as deemed appropriate by the POTW to ensure compliance with this chapter and State and Federal pretreatment standards and requirements;
      (16)   Statement of applicable civil and criminal penalties for a violation of pretreatment standards and requirements;
      (17)   Statement of non-transferability;
      (18)   Conditions for modification or revocation of permit.
   (b)   Permit Duration. Permits shall be issued for a specified time period, not to exceed five years. The user shall apply for permit reissuance at least 180 days prior to the expiration of the user's existing permit.
   (c)   Permit Modifications. Within nine months of the promulgation of a national categorical pretreatment standard. The wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by Section 1046.06(b)(1), the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the Superintendent within 180 days after the promulgation of an applicable Federal categorical pretreatment standard the information required by Section 1046.06(b)(2)H. and I.
   (d)   Permit Transfer. Wastewater discharge permits are issued to a specific process or operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without prior notification to the POTW and provision of a copy of the existing wastewater discharge permit to the new owner or operator. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
   (e)   Monitoring.
      (1)   Users shall provide and maintain in safe and proper condition, at their own expense, facilities to allow the authorized representatives of the POTW, the EPA or the State to inspect, sample, or measure flows from wastewater subject to this chapter.
      (2)   There shall be ample room in or near facilities to allow accurate sampling and preparation of samples for analysis.
      (3)   If locating such facilities on a user's property would be impractical, the user may apply to the POTW for a right of way or for permission to construct on public property.
   (f)   Bypass.
      (1)   Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not violate pretreatment standards or requirements, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to paragraphs (f)(2) and (3) hereof.
      (2)   Notice.
         A.   If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, if possible at least ten days before the date of the bypass.
         B.   An industrial user shall orally notify the POTW of an unanticipated bypass that exceeds applicable pretreatment standards or requirements within twenty-four hours of becoming aware of the bypass. A written submission shall also be provided within five days of becoming aware of the bypass. The written submission shall contain a description of the bypass and its cause, the duration of the bypass, including exact times and dates, and if the bypass has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.
      (3)   Prohibition of bypass.
         A.   Bypass is prohibited and the POTW may take enforcement action against an individual user for a bypass, unless:
            1.   Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
            2.   There are no feasible alternatives to bypass, such as use of auxiliary treatment facilities, retention of wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed to prevent bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
            3.   The industrial user submitted notices as required by paragraph (f)(2)hereof.
         B.   The POTW may approve an anticipated bypass after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in paragraph (f)(3)A. hereof.
   (g)   Upset Provisions.
      (1)   Upset defined. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
      (2)   Effect of an upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with pretreatment standards if the requirements of paragraph (g)(3) are met.
      (3)   Conditions necessary for a demonstration of upset. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:
         A.   An upset occurred and the industrial user can identify the cause(s) of the upset;
         B.   The facility was, at the time, being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures.
         C.   The industrial user has submitted the following information to the POTW and the control authority within twenty-four hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
            1.   A description of the discharge and cause of noncompliance;
            2.   The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;
            3.   Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
      (4)   Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
   (h)   User Responsibility in Case of Upset. The industrial user shall control production of all discharges to the extent necessary to maintain compliance with pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced or lost or fails.
(Ord. 22C. Passed 4-15-96.)