§ 51.27  WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS.
   (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 Director of Public Works. Each wastewater discharge permit will indicate a specific date upon which it will expire.
   (B)   Wastewater discharge permit contents.  A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director of Public Works to prevent pass through or interference, protect the quality of the groundwater receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
      (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 division (E) of this section, 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; and,
         (d)   Self monitoring, sampling, reporting, notification, and record-keeping 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.
      (2)   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 nonroutine discharges;
         (d)   Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
         (e)   Requirements for installation and maintenance of inspection and sampling facilities and equipment;
         (f)   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; and
         (g)   Other conditions as deemed appropriate by the Director of Public Works to ensure compliance with this subchapter, and state and federal laws, rules, and regulations.
   (C)   Wastewater discharge permit appeals.  The Director of Public Works shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the Director of Public Works to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.
      (1)   Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
      (2)   In its petition, the appealing party 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)   The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
      (4)   If the Director of Public Works fails to act within 30 days, a request for reconsideration shall be deemed to be denied.  Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions.
   (D)   Wastewater discharge permit modification.  The Director of Public Works may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
      (1)   To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
      (2)   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;
      (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 city's POTW, the city personnel, or the receiving waters;
      (5)   Violation of any terms or conditions of the wastewater discharge permit;
      (6)   Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
      (7)   To correct typographical or other errors in the wastewater discharge permit.
   (E)   Nontransferability of wastewater discharge permit.  Wastewater discharge permits shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed condition.
   (F)   Wastewater discharge permit revocation.
      (1)   The Director of Public Works may revoke a wastewater discharge permit for good cause, including but not limited to the following reasons:
         (a)   Failure to notify the Director of Public Works of significant changes to the wastewater prior to the changed discharge;
         (b)   Failure to provide prior notification to the Director of Public Works of changed conditions pursuant to § 51.28(B);
         (c)   Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
         (d)   Falsifying self-monitoring reports;
         (e)   Tampering with monitoring equipment;
         (f)   Refusing to allow the Director of Public Works or designated representative timely access to the facility premises and records;
         (g)   Failure to meet effluent limitations;
         (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; or
         (l)   Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this subchapter.
      (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 § 51.26(E) of this subchapter, a minimum of 60 days prior to the expiration of the user's existing wastewater discharge permit.
(Ord. 95-05, passed 4-10-95)