A. Industrial Wastewater Discharge Permit Duration: An industrial wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A permit may be issued for a period less than five (5) years, at the discretion of the Pretreatment Coordinator. Each permit will indicate a specific date upon which it will expire.
B. Industrial Wastewater Discharge Permit Contents: An industrial wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Pretreatment Coordinator 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, and protect against damage to the POTW.
1. Industrial wastewater discharge permits must contain:
a. A statement that indicates the permit issuance date, expiration date and effective date;
b. A statement that the permit is nontransferable without prior notification to the City in accordance with subsection 8-4-5D of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing permit;
c. Effluent limits, including best management practices, based on applicable pretreatment standards;
d. Self monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.
e. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with subsection 8-4-6D2 (40 CFR 403.12(e)(2)).
f. 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.
g. Requirements to control slug discharge, if determined by the Pretreatment Coordinator to be necessary.
h. Any grant of the monitoring waiver by the Pretreatment Coordinator (subsection 8-4-6D2) must be included as a condition in the user's permit.
2. Industrial wastewater discharge permits may contain, but need not be limited to, the following conditions:
a. Limits on the average and/or maximum 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 control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine 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, including flow measurement devices;
g. A statement that compliance with the 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 permit; and
h. Other conditions as deemed appropriate by the Pretreatment Coordinator to ensure compliance with this chapter, and State and Federal laws, rules, and regulations.
C. Permit Modification:
1. The Pretreatment Coordinator may modify an industrial 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 the 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 permit;
f. Misrepresentations or failure to fully disclose all relevant facts in the 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 permit; or
i. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with subsection 8-4-5D.
D. Industrial Wastewater Discharge Permit Transfer: Industrial wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days advance notice to the Pretreatment Coordinator and the Pretreatment Coordinator approves the permit transfer.
The notice to the Pretreatment Coordinator must include a written certification by the new owner or operator which:
1. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
2. Identifies the specific date on which the transfer is to occur; and
3. Acknowledges full responsibility for complying with the existing permit.
Failure to provide advance notice of a transfer renders the permit void as of the date of facility transfer.
E. Industrial Wastewater Discharge Permit Revocation: The Pretreatment Coordinator may revoke an industrial wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. Failure to notify the Pretreatment Coordinator of significant changes to the wastewater prior to the changed discharge;
2. Failure to provide prior notification to the Pretreatment Coordinator of changed conditions pursuant to subsection 8-4-6E of this chapter;
3. Misrepresentation or failure to fully disclose all relevant facts in the permit application;
4. Falsifying self-monitoring reports and certification statements;
5. Tampering with monitoring equipment;
6. Refusing to allow the Pretreatment Coordinator timely access to the facility premises and records;
7. Failure to meet effluent limitations;
8. Failure to pay fines;
9. Failure to pay sewer charges;
10. Failure to meet compliance schedules;
11. Failure to complete a wastewater survey or the permit application;
12. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
13. Violation of any pretreatment standard or requirement, or any terms of the permit or this chapter.
Industrial wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All permits issued to a user are void upon the issuance of a new permit to that user.
F. Industrial Wastewater Discharge Permit Reissuance: A user with an expiring industrial wastewater discharge permit shall apply for a permit reissuance by submitting a complete permit application, in accordance with subsection 8-4-4E of this chapter, a minimum of ninety (90) days prior to the expiration of the user's existing permit. (Ord. 2021-620, 9-2-2021)