§ 51.079 VARIANCE FROM SPECIFIC DISCHARGE LIMITATIONS.
   (A)   A variance from a specific compatible pollutant limitation may be obtained from the Director. Granting of a variance must be determined on a case-by-case basis. The Director must take into account the following factors when making this determination:
      (1)   The industrial user's ability to meet the existing limitations;
      (2)   The industrial user's wastewater discharge volume;
      (3)   The industrial user's current wastewater constituent concentrations;
      (4)   The impact of increased constituent concentrations on the city's sewer system, the wastewater treatment plant's processes, effluent and/or sludge quality;
      (5)   The impact of increased constituent concentrations on the wastewater treatment plant's NPDES permit requirements; and
      (6)   Any other factor(s) the Director deems applicable.
   (B)   Before issuing such a variance, the Director must verify with EPA that the variance will not allow the user to exceed applicable categorical standards.
   (C)   The Director may require the user to monitor its effluent in excess of previous levels if the Director deems it necessary to properly enforce any variance granted under this section.
   (D)   The Director reserves the right to impose requirements which are stricter than, or are additive to, those specified in this chapter should the quantity or quality of the user's effluent merit unique consideration by virtue of its impact on the city's sewer system or the public health and welfare.
   (E)   The Director reserves the right to revoke the variance at any time.
   (F)   The Director reserves the right to charge additional fees as related to the granting of a variance.
(Ord. 1093, passed 2-17-04) Penalty, see § 51.999