(a) Wastewater Analysis.
When requested by the Control Authority, a User must submit information on the nature and characteristics of its wastewater within forty-five (45) days of the request. The Control Authority is authorized to prepare a form for this purpose and may periodically require Users to update this information.
(b) Permit Requirements.
(1) No Significant Industrial User shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit, or Discharge Orders, from the Control Authority except that a Significant Industrial User that has filed a timely application pursuant to Section 930.13(a) may continue to discharge for the time period specified therein.
(2) The Control Authority may require other Users to obtain an individual wastewater discharge permit as necessary to carry out the purposes of this chapter.
(3) Any violation of the terms and conditions of the Discharge Orders shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in Section 930.15. Obtaining Discharge Orders does not relieve a permittee of its obligation to comply with all federal and state Pretreatment Standards or Requirements or with any other requirements of federal, state, and local law.
(c) Existing Connections.
Any User required to obtain an individual wastewater discharge permit that was discharging wastewater into the POTW prior to the effective date of this ordinance and that wishes to continue such discharges in the future, shall, within thirty (30) days after Control Authority notification, apply for an individual wastewater discharge permit and shall not cause or allow discharges to the POTW to continue after sixty (60) days of the effective date of this ordinance except in accordance with the Discharge Orders issued by the Control Authority.
(d) New Connections.
Any User required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain Discharge Orders prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit must be filed at least thirty (30) days prior to the date upon which any discharge will begin or recommence.
(e) Application Signatories and Certifications.
(1) All wastewater discharge permit applications, User reports and certification statements must be signed by an authorized representative of the User and contain the certification statement in Section 930.18(a).
(2) If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this Section must be submitted to the Control Authority prior to or together with any reports to be signed by an authorized representative.
(f) Application Evaluation and Decision.
The Control Authority will evaluate the data furnished by the User and may require additional information. Within ten (10) days of receipt of a complete Baseline Monitoring Report (BMR), the Control Authority will determine whether to issue Discharge Orders. The Control Authority may deny any application for an individual wastewater discharge permit.
(g) Permit Duration.
Discharge Orders shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. Discharge Orders may be issued for a period less than five (5) years, at the discretion of the Control Authority. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.
(h) [Repealed]
(i) Permit Contents.
An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Control Authority to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. The contents of the Discharge Orders shall include:
(1) Facility Information
A. Company name
B. Mailing address
C. Facility address
D. Primary SIC Code
E. Classification
F. Major process generating wastewater
G. Applicable categorical regulation
(2) Discharge Standards
A. Prohibited discharges
(3) Self-Monitoring Requirements
A. Local discharge standards
B. Categorical standards
C. Reporting requirements
(4) Control Authority Monitoring Requirements
A. Local discharge standards
B. Categorical standards
(5) Standard Conditions
A. General prohibitions
B. Inspections
C. Monitoring facilities
D. Environmental control permits
E. Records retention
F. Confidential information
G. Falsifying information or tampering with monitoring equipment
H. Changes in discharge, spills and operating upsets
I. Proper disposal of pretreatment sludges and spent chemicals
J. Signatory requirements
K. Additional reporting requirements
L. Permit modification
M. General penalty
(6) Special Conditions
A. Sampling manholes
B. Flow measuring devices
C. pH monitoring devices
D. Accidental discharge/slug discharge control plan
E. Total Toxic Organic certification
F. Pollutant management plan
G. Best Management Practices
H. Authority request
(j) Permit Modification.
(1) The Control Authority may modify Discharge Orders for good cause, including, without limitation, the following reasons:
A. Any new or revised federal, state, or local Pretreatment Standards or Requirements;
B. Significant alterations or additions to the User's operation, processes, or wastewater volume or characteristics since the time of the individual wastewater discharge permit issuance;
C. A change in the POTW 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, personnel, or the receiving waters;
E. Violation of any terms or conditions of the individual wastewater discharge permit;
F. Misrepresentations or failure to fully disclose all relevant facts in the BMR, or wastewater discharge permit application, or in any required reporting;
G. Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to 40 CFR 403.13;
H. Typographical or other errors that require correction in the individual wastewater discharge permit; or
I. A transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 930.14(k).
(k) Permit Transfer.
Discharge Orders may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Control Authority and the Control Authority approves the transfer. The notice to the Control Authority must include a written certification by the new owner or operator that:
(1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.
(l) Permit Revocation
The Control Authority may revoke Discharge Orders for good cause including, but not limited to, the following reasons:
(1) Failure to notify the Control Authority of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to Control Authority of changed conditions pursuant to this chapter;
(3) Failure to complete a BMR, or wastewater discharge permit application;
(4) Misrepresentation or failure to fully disclose all relevant facts in the BMR;
(5) Falsifying self-monitoring reports and certification statements;
(6) Tampering with monitoring equipment;
(7) Refusing to allow the Control Authority timely access to the facility premises and records;
(8) Failure to meet effluent limitations;
(9) Failure to pay fines;
(10) Failure to pay sewer charges;
(11) Failure to meet Compliance Time Schedules;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) Violation of any Pretreatment Standard or Requirement or any terms of the wastewater discharge permit or this chapter.
Discharge Orders shall be voidable upon cessation of operations or transfer of business ownership. All Discharge Orders issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User.
(m) Permit Reissuance.
A User with expiring Discharge Orders shall apply for individual wastewater discharge permit reissuance by submitting a complete BMR, in accordance with Section 930.13(a) of this chapter, a minimum of thirty days prior to the expiration of the User's existing Discharge Orders.
(Ord. 210-12. Passed 5-8-12.)