(A) It shall be unlawful for any significant industrial user to discharge wastewater into the District’s POTW without first obtaining an industrial discharge permit or general permit from the Director. Any violation of the terms and conditions of an industrial discharge permit or general permit shall be deemed a violation of this chapter and subjects the permittee to the enforcement and remedies set out in this chapter. Obtaining an industrial discharge permit or general permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.
(B) The Director may require other industrial users or users, including liquid waste haulers, to obtain wastewater discharge permits or general permits as necessary to carry out the purposes of this chapter. Any significant industrial user or user which discharges industrial waste into the POTW prior to the effective date of this chapter and wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the District for an industrial discharge permit or general permit in accordance with divisions (C)(1) or (2) below, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this chapter except in accordance with an industrial discharge permit issued by the Director, or in the case, a valid permit exists and does not violate any part of this chapter, shall not have to re-apply until the permit expiration date.
(C) Any significant industrial user or user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit in accordance with division (C)(1) below, prior to the beginning or recommencing of such discharge. An industrial discharge permit application must be filed at least 90 days prior to the date which any discharge will begin.
(1) Application industrial discharge permits. Significant industrial users must complete and file with the District a permit application in the form prescribed by the District. No discharge permit will be issued until the following information is made available on the completed permit application:
(a) All information required by § 58.112(B);
(b) Description of activities, facilities and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
(c) Number and type of employees, hours of operation and proposed or actual hours of operation;
(d) Each product produced by type, amount, process or processes, and rate of production;
(e) Type and amount of raw materials processed (average and maximum per day);
(f) Disclosure of 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 evaluation;
(g) Time and duration of discharges;
(h) Disclosure of the nature and concentration of any pollutants or materials in the discharge prohibited by this chapter, including a statement regarding whether or not compliance is being achieved on a consistent basis and if not, what additional operation and maintenance activities and/or additional pretreatment is required for the discharger to comply;
(i) Where additional pretreatment and/or operation and maintenance activities will be required to comply with the applicable pretreatment standard, the user must provide a compliance schedule by which the user will provide the additional pretreatment and/or implementation of additional operational and maintenance activities.
1. The schedule must contain milestone dates for the commencement and completion of major events leading to the construction, and operation of additional pretreatment required for the discharger to comply with the requirements of the chapter, including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance.
2. Under no circumstances will the Director permit a time increment for any single step directed toward compliance which exceeds nine months.
3. Not later than 14 days following each milestone date in the schedule and the final date for compliance, the user must submit a progress report to the Director. This report must include a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the District.
(j) Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision; and
(k) All permit applications for new or modified permits must be signed by an authorized representative of the industrial user.
(2) Application general permits.
(a) At the discretion of the Director, the Director may use general permits to control SIU or user discharges to the POTW if the following conditions are met. All facilities to be covered by a general permit must:
1. Involve the same or substantially similar types of operations;
2. Discharge the same types of wastes;
3. Require the same effluent limitations;
4. Require the same or similar monitoring; and
5. In the opinion of the Director, are more appropriately controlled under a general permit than under industrial wastewater discharge permits.
(b) To be covered by the general permit, the SIU or user must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, and any other information the POTW deems appropriate.
(c) The Director will retain a copy of the general permit, documentation to support the POTW’s determination that a specific SIU or user meets the criteria in division (C)(2)(a) through (C)(2)(e) and applicable state regulations, and a copy of the user’s written request for coverage for three years after the expiration of the general permit.
(d) The Director may not control an SIU or user through a general permit where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the combined waste stream formula in § 58.081(D).
(e) The Director will evaluate the complete application and data furnished by the user and may require additional information. After full evaluation and acceptance of the data furnished, the District will issue a wastewater discharge permit or general permit subject to terms and conditions provided in the chapter.
(3) Permit modifications.
(a) The Director may modify an industrial discharge permit or general permit for good cause including, but not limited to, the following:
1. To incorporate any new or revised federal, state or local pretreatment standards or requirements;
2. To address significant alterations or additions to the users operation, processes or industrial wastewater volume or characteristics since the time of the industrial discharge permit issuance;
3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
4. Information indicating that the permitted discharge poses a threat to the POTW, District personnel, or the receiving waters;
5. Violation of any terms or conditions of the industrial wastewater industrial discharge permit or general permit;
6. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit or general permit application or in any required reporting; and
7. To correct typographical or other errors in the permit.
(b) The user shall be informed of any proposed changes in a permit at least 30 days prior to the effective date of change. Where any changes are made in user’s permit, a reasonable time shall be given to achieve compliance.
(c) The filing of a request by the permittee for an industrial discharge, permit or general permit modification does not stay any industrial discharge permit or general permit conditions.
(4) Permit conditions.
(a) Wastewater discharge permits must include the following:
1. A statement that indicates wastewater discharge permit duration (see division (C)(6) below);
2. A statement that the wastewater discharge permit is nontransferable (see division (C)(7) below);
3. Effluent limits on the average and/or maximum wastewater constituents including best management practices and characteristics based on applicable pretreatment standards;
4. When required by the Director, a user developed slug control plan will be added as an addendum to the permit, or the Director may include specific slug control mechanisms in the permit in lieu of the development of a slug control plan;
5. Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants or best management practices (BMP) to be monitored, sampling location, sampling frequency and sample type based on federal, state and local law; and
6. 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.
(b) Wastewater discharge permits may include the following:
1. Limits on average and/or maximum rate and time of discharge and/or requirements for flow regulations and equalization;
2. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, The Director shall impose an alternate limit in accordance with 40 C.F.R. § 403.6(e);
3. Requirements for installation and maintenance of inspection and sampling facilities;
4. Special conditions the Director may require under particular circumstances of a given discharge including sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules;
5. Compliance schedules; and
6. Requirements for submission of special technical reports or discharge reports where they differ from those outlined in the chapter.
(6) Duration. Permits shall be issued for a specified time period, not to exceed five years. The permittee shall apply for permit reissuance by submitting a completed wastewater discharge permit application no later than 90 days prior to the expiration date of the existing permit. When the permittee has made a timely and sufficient application for the renewal or modification of a permit, the existing permit does not expire until the permit application has been finally approved or denied by the control authority. The terms and conditions of the permit may be subject to modification by the control authority during the term of the permit as limitations or requirements as identified in this chapter are modified or other just cause exists. The user shall be informed of any proposed changes in a permit at least 30 days prior to the effective date of change. Where any changes are made in user’s permit, a reasonable time shall be given to achieve compliance.
(7) Transfer. Individual discharge permits are issued to a specific user for the process activity specified in the permit. General permits are permits issued to authorize similar discharge activities by one or more applicants throughout a prescribed geographic area. A wastewater discharge permit or general permit shall not be assigned, transferred or sold to a new owner or new user in different premises or to a new or changed operation in the same or different premises without the approval of the District.
(8) Continuation of expired permits. An expired permit will continue to be effective and enforceable until the permit is reissued if:
(a) The permittee has submitted a complete permit application at least 90 days prior to the expiration date of the permittee’s existing permit; and
(b) The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the permittee.
(Prior Code, § 54.52) (Ord. 38-1985, passed - -; Ord. 93-2002, passed - -) Penalty, see § 58.999