A. All significant industrial users proposing to connect to or discharge into any part of the wastewater treatment system shall obtain a discharge permit therefor. All existing significant industrial users connected to or discharging into any part of the wastewater system shall obtain a wastewater discharge permit within sixty (60) days from and after the effective date of the ordinance which created this article. A separate permit is required for each facility on a separate platted lot with a separate service connection.
B. Users required to obtain a wastewater discharge permit shall complete and file with the certified facility operator an application of the form prescribed by him or her. In support of this application, the user shall be required to submit the following information:
1. Name, address, and standard industrial code classification number of the applicant.
2. Average daily discharge rate of wastewater.
3. Wastewater constituents and characteristics, including, but not limited to, those set forth in this article as determined by an analytical laboratory approved by the certified facility operator.
4. Time and duration of discharge.
5. Average and thirty (30) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any.
6. Site plans, floor plans, mechanical and plumbing plans and details to show all service lines and appurtenances by size, location, and elevation.
7. Description of activities, facilities, and plant processes on the premises, including all materials and types of materials which are, or could be, discharged into the wastewater system.
8. Each product produced by type, amount and rate of production.
9. Number and type of employees; and hours of work.
10. Any other information deemed by the certified facility operator to be necessary to evaluate the permit application.
C. There shall be and there is hereby established a wastewater discharge permit application charge for each permit application. Such charge shall be payable by the applicant at the time the application is submitted. The amount of the permit application charge shall be established by resolution of the board of trustees.
D. The certified facility operator shall evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the certified facility operator may issue a wastewater discharge permit subject to the terms and conditions provided herein.
E. The certified facility operator shall issue a wastewater discharge permit to the applicant if he or she finds that all of the following conditions are met:
1. The proposed discharge of the applicant is in compliance with the prohibitions and limitations of this article.
2. The proposed discharge of the applicant would permit the normal and efficient operation of the wastewater treatment system.
3. The proposed discharge of the applicant would not result in a violation by the town of the terms and conditions of its CDPS permit.
F. If the certified facility operator finds that the applicant has not met the conditions of this article, the certified facility operator may issue a wastewater discharge permit to the applicant if the applicant submits, and if the certified facility operator approves, a schedule setting out the measures to be taken by the applicant and the dates that such measures will be implemented to ensure compliance with the provisions of this article.
G. In the event an application for a wastewater discharge permit is denied, the certified facility operator shall notify the applicant in writing of such denial. Such notification shall state the grounds for such denial with that degree of specificity which will inform the applicant of the measures or actions which must be taken by the applicant prior to the issuance of a permit.
H. Upon receipt of notification of denial of a permit application, the applicant may request and shall be granted a hearing to be held by the board of trustees. At such hearing the applicant shall have the burden of establishing that the conditions set out in this article have been met and that a permit should be issued.
I. The board of trustees may conduct the hearing and take the evidence or may designate the Simla municipal court judge to:
1. Issue in the name of the board of trustees notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
2. Take the evidence.
3. Transmit a report of the evidence and hearing, including transcripts and other evidence to the board of trustees together with recommendations for action thereon.
4. Testimony taken at any public hearing shall be under oath and recorded by machine. The transcript as recorded shall be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
J. Upon review of the evidence by the board of trustees, the board of trustees shall make written findings of fact. Thereupon the board of trustees may issue an order directing the certified facility operator to issue a wastewater discharge permit, or directing that such permit shall not be issued, or give such other or further orders and directives as are necessary and appropriate.
K. Any party to the hearing aggrieved or adversely affected by an order of the board of trustees may appeal such order to the district court in and for the county of Elbert, pursuant to rule 106(a)(4) of the Colorado rules of civil procedure.
L. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other regulations, user charges and fees established by the town. The conditions of wastewater discharge permits shall be uniformly enforced in accordance with this article and applicable state and federal regulations. Permit conditions may include, but are not limited to, the following:
1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the system.
2. Reporting requirements to indicate chemicals purchased, used, disposed, and method of disposal, including a description of and limitations placed upon the discharge point.
3. Limits on rate, time, and characteristics, including average and maximum wastewater constituents and characteristics of discharge or requirements for flow regulations and equalization.
4. Requirements of installation of inspection and sampling facilities and specifications for monitoring programs.
5. Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges, and quantities or general characteristics of wastewater tank contents.
6. Daily average and daily maximum discharge rates or other appropriate conditions, when substances subject to limitation and prohibition are proposed or present in the users' wastewater discharge.
7. Compliance schedules.
8. Other conditions to ensure compliance with this article.
9. Upon request by the certified facility operator, all records kept pursuant to this article shall be submitted to him or her for review.
M. Grease, oil, sand, and/or other interceptors shall be provided when in the opinion of the certified facility operator, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any inflammable wastes, sand, and other harmful ingredients, except, that such interceptors shall not be required for private living quarter or dwelling units. The following shall apply to such interceptors:
1. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place shall be gastight and watertight. All interceptors shall be of a type and capacity approved by the certified facility operator and shall be located so as to readily and easily be accessible for cleaning and inspection.
2. Where installed, all grease, oil, sand, and/or other interceptors shall be maintained by the owner at his expense in continuously efficient operation at all times.
N. In the event the type or volume of material from the property for which a discharge permit was previously granted shall materially and substantially change as determined by the certified facility operator, the person previously granted such permit shall make a new application to the town, in the same manner and form as originally made.
O. Permits shall be issued for a specified time period not to exceed three (3) years. A permit may be issued for a period of less than one year, or may be stated to expire on a specific date. If the user is not notified by the certified facility operator thirty (30) days prior to the expiration of the permit, the permit shall automatically be extended for one year only. The terms and conditions of the permit may be subject to modification and change by the certified facility operator during the life of the permit, as limitations or requirements as identified in this article are modified and changed. The user shall be informed of any proposed changes in this permit at least sixty (60) days prior to the effective date of change. Any such change or new condition in the permit shall include a reasonable time schedule for compliance.
P. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation.
Q. Any violation of the conditions of a permit or of this article or of applicable state and federal regulations shall be reason for revocation of such permit. Grounds for revocation of a permit include, but are not limited to, the following:
1. Failure of a user to accurately report the wastewater constituents and characteristics of his discharge.
2. Failure of the user to report significant changes in operations or wastewater constituents and characteristics.
3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
4. Violation of conditions of the permit. (Ord. 242, 10-7-2003)