(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. Each wastewater discharge permit will indicate a specific date upon which it will expire. At the discretion of the Director, a wastewater discharge permit may be renewed by the Director in writing for a period to be determined by the Director.
(B) Wastewater discharge permit contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the waterbody 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) below 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;
(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; and
(e) A statement of applicable 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 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 POTW;
(c) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, nonroutine, or slug 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 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; and
(h) Other conditions as deemed appropriate by the Director to ensure compliance with this subchapter, and state and federal laws, rules, and regulations.
(C) Wastewater discharge permit appeals/other appeals. The user may in writing petition the Director to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance or any other decision of the Director within 30 days of the issuance of the decision.
(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) During an appeal, the effectiveness of a new wastewater discharge permit, if said new permit is not a renewal of a prior permit, shall not be stayed pending the appeal process. If the wastewater discharge permit being appealed is a renewal of a prior discharge permit and application for the renewed permit was made in a timely manner prior to the expiration of the then effective permit, then the prior discharge permit shall continue in effect until a final administrative decision on the appeal has been made.
(4) If the Director fails to act within 30 days (or a longer period if agreed upon in writing by the Director and the user), 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 for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the Circuit Court for the county.
(D) Wastewater discharge permit modification.
(1) The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) To incorporate any new, revised, or otherwise applicable federal, state, or local pretreatment standards or requirements affecting the POTW or the user;
(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 or in any condition of the user’s discharge, facility, production, or operations 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, the POTW’s processing, use or disposal of sludge, city personnel, or the receiving waters;
(e) Violation of any terms or conditions of the wastewater discharge permit;
(f) Misrepresentation 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 C.F.R. § 403.13;
(h) To correct typographical or other errors in the wastewater discharge permit;
(i) To reflect a transfer of the user facility ownership or operation to a new owner or operator;
(j) To add or revise a compliance schedule for the permittee;
(k) To reflect changes or revisions in the POTW’s NPDES permit;
(l) To ensure POTW compliance with applicable sludge management requirements promulgated by EPA or MDEQ;
(m) To incorporate any new or revised requirements resulting from reevaluation of the POTW’s local limits; or
(n) To incorporate a request for modification by the permittee, as determined appropriate by the POTW and provided the request does not create a violation of any applicable requirement, standard, law, rule, or regulation.
(2) The permittee shall be informed of any changes in the permit at least 30 days prior to the effective date of the change, unless a shorter time is determined necessary by the Director to meet applicable laws or to protect human health or the environment.
(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 Director and the Director approves the wastewater discharge permit transfer. The notice to the Director 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; and
(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 Director may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) Failure to notify the Director of significant changes to the wastewater prior to the changed discharge;
(b) Failure to provide prior notification to the Director of changed conditions pursuant to § 51.041(E);
(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 timely access to the facility premises and records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges or surcharges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) Failure to provide advance notice of the transfer of business ownership of a permitted facility;
(m) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this subchapter; or
(n) As determined by the Director, the discharge has a reasonable potential to endanger human health or the environment and the threat can be abated only by revocation of the permit.
(2) Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. A wastewater discharge permit issued to a particular user for a particular facility is void upon the issuance of a new wastewater discharge permit to that user for that facility. Upon suspension or revocation of a permit, a user shall immediately terminate its discharge to the POTW and shall not thereafter recommence discharge without further authorization from the Director as provided by this subchapter. The Director may reissue a revoked permit upon a showing satisfactory to the Director that the permittee has corrected the violation or condition that led to the revocation. A person who has had a permit revoked may apply for a new permit.
(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 § 51.039, a minimum of 90 days prior to the expiration of the user’s existing wastewater discharge permit.
(H) Regulation of waste received from other jurisdictions.
(1) If another municipality, or user located within another municipality, contributes wastewater to the POTW, the Director shall enter into an interjurisdictional agreement with the contributing municipality, unless the user discharges directly to the POTW. If a user located within another municipality discharges directly to the POTW, the Director shall enter into a user contract with the user.
(2) Prior to entering into an interjurisdictional agreement required by division (H)(1) above, the Director 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; and
(c) Such other information as the Director may deem necessary.
(3) An interjurisdictional agreement, as required by division (H)(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 subchapter and local limits which are at least as stringent as those set out in § 51.031. 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 Director; and which of these activities will be conducted jointly by the contributing municipality and the Director;
(d) A requirement for the contributing municipality to provide the Director 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 Director 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 Director;
(h) A provision specifying remedies available for breach of the terms of the interjurisdictional agreement; and
(i) A provision specifying that the city has the right to take legal action to enforce the terms of the contributing municipality’s ordinance or to impose and enforce pretreatment standards and requirements directly against noncompliant dischargers in the event the contributing jurisdiction is unable or unwilling to take such action.
(4) A user contract, as required by division (H)(1) above, shall contain the following conditions:
(a) A requirement that the user comply with all requirements of this subchapter and §§ 51.065 through 51.077;
(b) A requirement ensuring the Director access to the user’s facility for the purpose of inspection, sampling, examining and copying records, and any other duties or purposes deemed necessary by the Director;
(c) An agreement by the user that the user will be subject to enforcement under all provisions of this subchapter and that the user submits to and accepts the jurisdiction of the City to enforce all provisions of this subchapter; and
(d) A provision specifying that the city has the right to take legal action to enforce the terms of this subchapter and the user contract, including the right to obtain injunctive relief.
(Prior Code, § 51.35) (Ord. D-1635, passed 9-9-1991, effective 9-9-1991; Ord. D-1927, passed 7-15-2002, effective 8-1-2002)