(A) Industrial user permits. All significant industrial users and any industrial commercial users, as required by the city, shall obtain a wastewater discharge permit before connecting to or contributing to the POTW. All existing significant industrial users and industrial commercial users, as required by the city, connected to or contributing to the POTW shall obtain a wastewater discharge permit within 270 days after the effective date of this chapter. Where a user subject to a national categorical pretreatment standard has not previously submitted an application for a wastewater discharge permit as required by this section, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standards.
(B) Local user permits. The Supervisor may require any user other than an industrial user to obtain a local use permit to discharge to the POTW, subject to such terms and conditions as are determined necessary and appropriate by the POTW to achieve the purposes, policies and objects of this chapter.
(1) A local user permit may contain, but shall not be required to contain, any of the terms and conditions that would apply to an industrial user permit issued to an industrial user as provided by this section to comply with the general and specific discharge prohibitions of this chapter, including, but not limited to, discharge limitations, and requirements regarding reporting, sampling and monitoring; pretreatment; pollution prevention, minimization or reductions plans; accidental discharge, spill prevention, and containment requirements; flow equalization; and implementation of best management practices or a best management practices plan.
(2) To the extent determined appropriate by the Supervisor on a case-by-case basis, a local user permit issued under this division (B) shall be subject to provisions otherwise applicable to permits for industrial users. However, all local user permits shall be non-transferable and are subject to the permit fee and permit appeals provisions of this chapter.
(3) It is unlawful for any user required by the Supervisor to obtain a local user permit to discharge to the POTW without a local user permit as provided by this section.
(4) Failure to comply with a local user permit issued under this division (B) constitutes a violation of this subchapter.
(5) In no case shall a local user permit be construed to authorize the illegal discharge or otherwise excuse a violation of this subchapter.
(C) Permit application. Users required to obtain a wastewater discharge permit shall complete and file with the city an application in the form prescribed by the city. Existing applicable users shall apply for a wastewater discharge permit within 180 days after effective date of this chapter, and new applicable users shall apply at least 90 days prior to connecting to or contributing to the POTW.
(1) In support of the application, the city may require the user to submit, in units and terms appropriate for evaluation, the following information:
(a) Name, address, and location of the facility including the name of the operator and owners;
(b) Standard industrial classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
(c) Wastewater constituents and characteristics, as determined by the Supervisor. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to § 304 of the Act, being 33 U.S.C. § 1314, and contained in 40 C.F.R. Part 136, as amended; where 40 C.F.R. Part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with the procedures set forth in EPA publications, “Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants,” April 1977, and amendments thereto, or with any sampling and analytical procedures approved by the Administrator of the EPA. The permit application shall indicate the time, date and place of sampling and methods of analysis and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW;
(d) Time and duration of discharges;
(e) Average daily and maximum daily wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any;
(f) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, inspection manholes, sampling chambers and appurtenances by size, location and elevation;
(g) Description of activities, facilities and plant processes on the premises, including all materials which are or may be discharged to the POTW;
(h) Nature and concentration of any pollutants or materials in the discharge which are limited by pretreatment standards, together with a statement regarding whether or not compliance is being achieved with the pretreatment standards on a consistent basis and if not, whether additional operation and maintenance activities and/or additional pretreatment is required for the user to comply with applicable pretreatment standards;
(i) Where additional pretreatment and/or operation and maintenance activities will be required to comply with applicable pretreatment standards, the user shall provide a declaration of the shortest schedule by which the user will provide such additional pretreatment and/or implementation of additional operational and maintenance activities. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
1. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to comply with applicable pretreatment standards, including but not limited to dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this chapter;
2. Under no circumstances shall the city permit a time increment for any single step directed toward compliance which exceeds nine months;
3. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the city, including no less than a statement as to whether or not it complied with the increment of progress represented by that date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the city;
(j) Each product produced by type, amount, process or processes and rate of production;
(k) Type and amount of raw materials utilized (average and maximum per day);
(l) Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
(m) All permit applications shall be signed by an authorized representative of the industrial user and shall contain the following certification statement:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations;
(n) A listing of all environmental control permits held by or for the user; and
(o) Any other information as may be deemed by the city to be necessary to evaluate the permit application.
(2) The city will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit subject to terms and conditions provided herein.
(D) Permit modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standards within the timeframe prescribed by such standard. A user with an existing wastewater discharge permit shall submit to the Supervisor within 90 days after the promulgation of an applicable national categorical pretreatment standard the information required by divisions (C)(1)(h) and (i) of this section. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements as identified in this section are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(E) Required permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by the city. Permits must contain the following:
(1) A unique identification number and user identification;
(2) Statement of the wastewater discharge permit issuance date, expiration date and effective date;
(3) Authorized flow on which the permit was based;
(4) Effluent limits, including Best Management Practices, based on applicable pretreatment standards;
(5) Self-monitoring, sampling, reporting, notification and recordkeeping 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;
(6) Applicable compliance schedule(s) for categorical standards, which may not extend beyond that required by applicable national, state or local law;
(7) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. The schedule may not extend the compliance date beyond applicable national deadlines;
(8) A statement that the wastewater discharge permit is nontransferable without prior notification to the city and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(9) Requirements to control slug discharge, if determined by the Supervisor to be necessary; and
(10) Approval signature and date.
(F) Additional permit conditions. Wastewater discharge permits may contain, but need not be limited to the following conditions:
(1) The user charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
(2) Limits on the average and maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Compliance schedules;
(6) Requirements for submission of technical reports or discharge reports (see § 54.58);
(7) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording city access thereto;
(8) Requirements for notification of the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituent being introduced into the wastewater treatment system;
(9) Requirements for notification of slug discharges as per § 54.42;
(10) Other conditions as deemed appropriate by the city to ensure compliance with this chapter.
(G) Permits duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 90 days prior to the expiration of the user’s existing permit.
(H) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be assigned or transferred or sold to a new owner, new user, or different premises without the prior approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(I) Any industrial user or POTW subject to the reporting requirements established in this section (including documentation associated with Best Management Practices) shall be required to retain for a minimum of three years any record of monitoring activities and results (whether or not such monitoring activities are required by this section) and shall make such records available for inspection and copying by the Director and the Regional Administrator (and POTW in the case of an industrial user). This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or POTW or when requested by the Director or the Regional Administrator.
(Ord. 677, passed 8-28-2023)