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Sec. 24-42(1). General Conditions of the Industrial Wastewater Discharge Permit.
(a) No person shall discharge or cause to be discharged industrial wastewater into the public sewer without first obtaining a permit for industrial wastewater discharge for each connection. However, certain persons as defined in minor section 24-42(2) are exempt from obtaining a discharge permit. Exemption from obtaining a permit shall not be construed as exempting a person from any other provisions in this article. In situations where an establishment or class of establishments exempt from obtaining a permit is shown to discharge prohibited substances or to exceed the concentration limitations of restricted substances, that establishment or class of establishments may be required to install pretreatment facilities or take other action to prevent the prohibited discharges.
(b) The permit may require pretreatment of industrial wastewater prior to discharge, restriction of peak discharges, relocation of a point discharge, disposal of certain restricted wastes by alternative methods, reuse of process wastewater where economically feasible, installation of metering and sampling manholes, the reporting of discharge volumes and wastewater sampling data, and the repayment of excessive treatment costs not covered by the user charge.
(c) No permit is transferable without written consent of the director.
(d) No person shall discharge industrial wastewater in excess of the quantity or quality limitations set by the permit.
(e) Any person desiring to discharge wastewater or use facilities which are not in conformance with the permit should apply to the director for an amended permit. Major industrial users shall apply for an amended permit not less often than annually. Such amended permit shall be based on the monitoring required by minor section 24-43(5).
Sec. 24-42(2). Identification of Persons Required To Obtain A Permit.
(a) Any user discharging to the public sewer system, not specifically exempt in paragraph (b), identified in the Standard Industrial Classification (SIC) Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions shall apply for a permit from the department of water and sewers within three (3) months after the passage of this article or prior to making a new connection:
1. Division A--Agriculture, forestry, and fishing;
2. Division B--Mining;
3. Division D--Manufacturing;
4. Division E--Transportation, communications, electric, gas and sanitary services;
5. Division I--Services.
(b) A user in the divisions listed may be exempt from obtaining a permit if it is determined that the discharges will be from primarily sanitary conveniences. The director shall establish guidelines for deciding whether a permit is required in those cases where the term "primarily" is doubtful.
(c) Where more than one (1) SIC classification is applicable to an establishment, the classification that requires the most stringent requirement shall be used.
Sec. 24-42(3). Procedure for Obtaining an Industrial Wastewater Discharge Permit. Applicants for a permit shall complete an application form available from the department of water and sewers. The completed form, along with any required plans and data, shall be processed by the department. The application shall be approved if the applicant has complied with all applicable requirements of this article and furnished to the director all requested information, and if the director determines that there is adequate capacity in the agency's facilities, based upon sound engineering criteria, to convey, treat and dispose of the wastewater. Upon approval, the director or his designated representative, will sign the application form. When properly signed, the application form shall constitute a valid industrial wastewater discharge permit.
Sec. 24-42(4). Change of permit restrictions. The director may change the restrictions or conditions of a permit when necessary to comply with Environmental Protection Agency regulations on wastewater discharges to municipal treatment systems, to reduce the levels of incompatible wastes in the treated wastewater effluent thereby allowing beneficial reuse of the effluent wastewater to comply with the requirements of the NPDES permit to discharge, or as circumstances may require.
(Ord. No. 4672, ยง 5, 6-20-77)
Sec. 24-43(1). Pretreatment of Industrial Waste water.
An industrial wastewater pretreatment system or device may be required by the director to treat industrial flows prior to discharge to the sewer when it is necessary to restrict or prevent the discharge of certain waste constituents to the sewer system, to smooth out peak flow rates, or to accomplish any pretreatment required by the director. All pretreatment systems or devices shall be approved by the director, but such approval shall not absolve the industrial discharger of the responsibility of meeting any industrial effluent limitation set by the director.
A gravity separation interceptor, equalizing tank, neutralizing chamber, and control manhole will be required to remove prohibited settleable and flotable solids, to equalize wastewater streams varying greatly in quantity and/or quality, to neutralize low or high pH flows, and to facilitate inspection, flow measurements and sampling, respectively. Floor drains from commercial or manufacturing buildings, warehouses, or multiuse structures shall not discharge directly to the sewer, but shall first discharge to a gravity separation interceptor.
Sec. 24-43(2). Separation of Domestic and Industrial Wastewaters. Wastewater from sanitary plumbing fixtures, including, but not limited to, restrooms, showers and drinking fountains, shall be kept separate from industrial wastewaters until the industrial wastewater passes through any required pretreatment device and the control manhole, unless the wastes are compatible with the pretreatment process.
Sec. 24-43(3). Control Manhole. The director may require a control manhole of a design approved by the director in accordance with adopted standards to be furnished and installed by major industrial wastewater dischargers to facilitate inspection, sampling and flow measurement by department personnel. Any required control manhole shall be located such that it is accessible at all times. When it is necessary to install a control manhole within a fenced-off area, the department's monitoring and inspection personnel shall have access to the manhole through an adjacent locked gate for which the department shall have keys. All control manholes shall be kept free from obstructions which prevent entering the manhole and shall be maintained to permit safe entry and working conditions. Major industrial wastewater dischargers may be required to install flow metering equipment in the control manhole. This equipment must be maintained in proper working condition and calibrated regularly to maintain accuracy.
Sec. 24-43(4). Annual Treatability Charge. An annual treatability charge or a charge per unit of offending constituent as established shall be paid by persons discharging industrial wastes which result in unusual operation and maintenance costs to the department which are not accounted for by normal unit charges for volume, suspended solids and COD under the sewer user fee system. Examples of such constituents are excessive peak flows, excessive chlorine demand, excessive immediate oxygen demand, etc. Such charges shall be reasonably calculated to defray the costs attributable to such wastes. If there is a substantial change in the strength, volume, or delivery flow rate characteristics introduced into the treatment works by an industrial user, such users' share shall be adjusted accordingly.
Sec. 24-43(5). Sampling and Metering Waste Discharges.
Industrial waste discharges shall be periodically sampled to determine quality and/or metered to determine quantity. The frequency of required sampling and/or metering of discharge volumes shall be stated on the industrial discharge permit in accordance with the nature of the wastes discharged and policies set by the director. Major industrial waste discharges shall be sampled to determine quality and metered to determine quantity, no less than annually. Samples shall be collected in such a manner as to be representative of the composition of the wastes. Samples shall be iced or preserved by methods approved by the director. Samples shall be analyzed for the constituents stated on the permit by an independent laboratory approved by the director or by the department's wastewater laboratory. The person discharging shall pay all costs of sampling and analyzing samples, whether or not the analyses are performed by a private laboratory or by the department. A person discharging wastes may request that the analysis be performed by the department's laboratory, but such requests may be refused due to the lack of manpower or testing apparatus.
The director may at any time sample and/or analyze industrial waste discharges in lieu of required sampling by the person discharging. A charge for sampling and/or analysis by the department's laboratory will be set by the director; and such charges shall be paid by the person discharging the wastes, whether the sampling and/or analyses are in lieu of required samples or are requested by the person discharging in fulfillment of his permit requirements.
(Ord. No. 4672, ยง 5, 6-20-77)
Sec. 24-44(1). Any person owning vacuum or "cesspool" pump trucks, or other liquid waste transport trucks, and desiring to discharge collected wastes to the public sewerage facilities, shall obtain a valid trucker's discharge permit from the department. All applicants for a trucker's discharge permit shall complete the application form, pay the appropriate fee, and agree in writing to abide by the department's regulations governing discharge of liquid wastes from trucks. The trucker's discharge permit shall designate specific points for discharging various types of permitted waste discharges, and it shall be valid for one (1) year from the date of issuance.
Sec. 24-44(2). The director may require payment for treatment and disposal costs or may refuse permission to discharge certain prohibited wastes. Any person negligently or willfully violating the department requirements for liquid waste discharges from trucks shall be in violation of this article and may have his permit revoked, in addition to any other remedies provided by law.
(Ord. No. 4672, ยง 5, 6-20-77)
Sec. 24-45(1). No person shall discharge or cause to be discharged any stormwater runoff, roof runoff, cooling water which has not been concentrated to a factor of 3 or greater, or other unpolluted waters to any sanitary sewer, except as provided for in minor section 24-45(2).
Sec. 24-45(2). Upon the approval of the director or his appointed representative, a permit may be issued to allow discharge of swimming pool drainage, cooling water concentrated by a factor less than 3 or unpolluted process waters where, in the opinion of the director or his appointed representative, other methods of disposal would produce a public nuisance. In no case shall water be discharged upon public property, such as alleys or streets.
Sec. 24-45(3). No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
(a) Any solids, liquids or gases which by themselves or by interaction with other substances may cause fire or explosion hazards, or in any other way be injurious to persons, property or the operation of the wastewater system.
(b) Any noxious or malodorous solids, liquids or gases, which, either singly or by interaction with other substances, are capable of interfering with wastewater treatment processes, creating a public nuisance or hazard to life or preventing entry into sewers for their maintenance and repair.
(c) Any ashes, asphalt, dead animals, offal, cinders, sand, mud, straw, shavings, metal, glass, rags, paper towels, feathers, tar, sanitary napkins, plastics, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, paper dishes, paper cups, milk containers, or other similar paper products or any other solids, greases, slurries or viscous materials of such character or in such quantity that, in the opinion of the director, may cause an obstruction to the flow in the sewer or otherwise interfere with the proper function of the wastewater system.
(d) Any waters or wastes containing suspended solids of any character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment plant.
(e) Any toxic substances, chemical elements, or compounds in quantities sufficient to impair the operation or efficiency of the wastewater treatment facilities, or that will pass through the wastewater treatment plant and cause the effluent thereof to exceed state or federal water quality requirements.
(f) Any liquids having a pH lower than 6.0 or higher than 9.0, or having any corrosive property capable of causing damage or hazards to structures, equipment or personnel of the wastewater system.
(g) Any pumping wastes from grease traps, or grease and/or grit interceptors.
(h) Recognizable portions of the human anatomy.
(i) Any waste that is considered infectious without complete disinfection before discharging into the sanitary sewer.
(j) Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations.
Sec. 24-45(4). This section limits the concentration of certain incompatible wastes which, when present in excessive quantities, interfere with collection and treatment of wastewater, cause a degradation of the wastewater treatment plant effluent, or increase the operation and maintenance costs of the wastewater system. Whereas, it is desirable to achieve the best possible wastewater treatment, while minimizing the economic impact on wastewater dischargers, the list given below contains concentration guidelines rather than strict limits. These guidelines permit the control of undesirable substances at lower concentrations than would otherwise be allowed by strict limits which would be imposed on all users regardless of the volume of the discharge, or the relative cost of treatment to meet the concentration limit. Except in quantities or concentrations stipulated herein, it shall be unlawful for any person to discharge waters or wastes to the sanitary sewer containing:
(a) Biodegradable oils and greases in a concentration which permits deposits in a sanitary sewer at any point within or downstream of the building connection sewer, or which exceeds a concentration of one hundred (100) milligrams per liter.
(b) Nonbiodegradable cutting oils, commonly called soluble oil, which form persistent water emulsions in concentrations exceeding twenty (20) milligrams per liter.
(c) Nonbiodegradable petroleum oils, mineral oils, refined petroleum products or chlorinated hydrocarbons in concentrations exceeding twenty (20) milligrams per liter.
(d) Radioactive material in concentrations greater than one hundred (100) microcuries per liter.
(e) Any material or concentrations producing an immediate oxygen demand greater than ten (10) milligrams per liter of oxygen.
(f) Any waste producing detectable discoloration of the treatment plant effluent.
(g) Any garbage or waste that is not ground sufficiently to pass through a three- eighths-inch screen.
(h) Any of the ions or compounds in solution or suspension in concentrations exceeding the guidelines listed in the table that follows:
Ion or Compound....
|
Concentration (mg/l)
|
Ion or Compound....
|
Concentration (mg/l)
|
Arsenic....
|
1.5
|
Barium....
|
30.0
|
Cadmium....
|
3.0
|
Chromium....
|
1.5
|
Lead....
|
1.5
|
Mercury....
|
0.06
|
Selenium....
|
0.3
|
Silver....
|
1.5
|
Boron....
|
10
|
Copper....
|
No excessive amounts
|
Iron....
|
No excessive amounts
|
Manganese....
|
30
|
Molybdenum....
|
30
|
Nickel....
|
No excessive amounts
|
Tin....
|
No excessive amounts
|
Zinc....
|
No excessive amounts |
The term "no excessive amounts" indicates that discharges shall be limited through the permit process.
The concentration guideline listed indicates the maximum allowable concentration permitted for discharge to the sanitary sewer without specific pretreatment or specific steps taken to prevent contamination of the wastewater discharge. No discharger shall exceed the concentration given in the table unless specifically allowed by an industrial wastewater discharge permit.
Sec. 24-45(5). Permits to discharge in excess of the guidelines listed in minor section 24-45(4) shall be approved only with the following provisions and stipulations:
(a) The discharger must submit a written statement containing all pertinent facts necessary to show that it is technically or economically impractical to reduce the substance under consideration to the guidelines concentration.
(b) The discharger shall propose measures to reduce the concentration of the substance in question to a specific level.
(c) The discharger must show that at the specified discharge concentration the pollutant in question will not significantly degrade effluent quality, nor will it increase the pollutant's concentration in the treatment plant effluent beyond that permitted by EPA drinking water standards.
(d) The discharger (must agree to pay the unit charge imposed by the utility for the specific substances in violation of the concentration guidelines.
Sec. 24-45(6). In certain instances, the environmental protection agency (EPA) has established pretreatment standards for discharge to municipal sewage systems for specific industrial classes. Where the EPA pretreatment standards are more stringent than those given in the preceding paragraphs, the EPA standards shall apply.
(Ord. No. 4672, ยง 5, 6-20-77)
Sec. 24-46(1). Federal Requirement for an Industrial Cost Recovery (ICR) Program. As required by Public Law 92-500, this section provides for the recovery of industry's share of federal grant funding of the regional sewage collection and treatment facilities. The environmental protection agency's (EPA) regulations for industrial cost recovery read, in part:
"Each year during the industrial cost recovery period, each industrial user of the treatment works shall pay its share of the total (federal) grant amount divided by the recovery period thirty (30) years or the life of the facility, whichever is less."
Sec. 24-46(2). Use of Funds Collected by the ICR Program.
(a) Fifty (50) percent of the total ICR funds collected shall be invested in obligations guaranteed by the U.S. Government in accordance with federal regulations (40 C.F.R. 35.928-2C). These funds, along with interest earned, shall be returned to the federal treasury not later than one hundred twenty (120) days after the end of the fiscal year ending June 30.
(b) Pending use, forty (40) percent of the total ICR funds collected shall be invested in obligations guaranteed by the U.S. Government in accordance with federal regulations (40 C.F.R. 35.928-2C). These funds shall be used solely for eligible costs of expansion or reconstruction of treatment works associated with the project and necessary to meet the requirements of Public Law 92-500, as approved in writing by the regional administrator of the EPA.
(c) The ten (10) percent of ICR funds remaining shall be used to help defer the cost of enforcing this sewer use article.
Sec. 24-46(3). ICR Charges. In accordance with Public Law 92-500, all industrial users shall be required to pay ICR charges, unless excluded. An industrial user may be excluded from ICR charges if he meets the following criterion: The user discharges only nonprocess segregated domestic wastes, or wastes from sanitary conveniences (for example, the so-called "dry" industries) and is not a significant industrial user under the regulations (40 C.F.R. 35.925-12).
Sec. 24-46(4). ICR Charge Computation for Industrial Users.
(a) The ICR charge computation for industrial users is based upon the benefits and responsibilities for any given project allocated only to those users actually served by a given project. Furthermore, if a user benefits from only part of a project, then ICR funds are recovered only for that portion of the project which benefits the user.
The ICR computation for industrial users functions to encourage industrial development where it would have the least impact on the wastewater treatment and collection system as well as to distribute the cost of grant-funded capital improvements to those users directly responsible for such improvements.
(b) The ICR charges for an industrial user shall be computed according to the following formulas:
1.
Total treatment: | |
ICR = TGF ร VCF ร AWD DCT | |
+ TGF ร CCF ร ACD DCC | |
+ TGF ร SCF ร ASD DCS | |
2. Annual treatment: | ICR = Total Treatment ICR 30 years |
(See minor section 24-46(6)) | |
3. Interceptor: | ICR = IGF ร PUF ร PWD DCV |
4. Annual interceptor: | ICR = Interceptor ICR 30 years |
(See minor section 24-46(6)) | |
5. Total annual:I | |
CT = | Annual Treatment ICR + Annual Interceptor ICR |
TGF = | Treatment grant funds equals total EPA grant funds received for planning, design and construction of the treatment project to which the user is tributary and which is in operation at the beginning of the recovery period. |
VCF = | Volume cost factor, or the ratio of the costs allocated to volume to the total cost of grant improvements. Pending future capital cost analysis, this factor shall be assumed equal to .53 or 53% of the total cost of treatment works. |
AWD = | Average wastewater discharge as found on the user's industrial wastewater discharge permit. |
DCT = | Design capacity for treatment expressed as the average daily dry weather flow. |
CCF = | COD cost factor. This factor shall be assumed equal to .31 until detailed capital cost analysis shows otherwise. |
ACD = | Average amount of COD discharge taken from permit, in pounds per day. |
DCC = | Design capacity for COD, in pounds per day. |
SCF = | SS cost factor. This factor shall be assumed equal to .16 until detailed capital cost analysis shows otherwise. |
ASD = | Average amount of SS discharge taken from permit, in pounds per day. |
DCS = | Design capacity for SS, in pounds per day.
|
IGF =
|
Interceptor grant funds equals total EPA grand funds received from planning, design and construction of each interceptor project to which the user is tributary and which is in service at the beginning of the cost recovery period.
|
PUF =
|
Percent utilization factor equals the average percentage of EPA funded interceptor projects utilized (estimated by dividing the funded interceptor length tributary to the user by the total interceptor length).
|
PWD =
|
Peak wastewater discharge as found on the user's industrial wastewater discharge permit. Wastewater permits of major industrial users shall be amended at least annually following monitoring as required by minor section 24-43(5).
|
DCV =
|
Design capacity for volume equals total peak dry weather design capacity for all tributary interceptors. |
The above formula for total annual ICR charges reflects each industrial customer's annual contribution for federally funded treatment plants and individual federally funded interceptor projects which specifically benefit the industrial user.
Sec. 24-46(5). An industrial user's charge for ICR shall be reviewed no less than annually to include any new tributary grant funded projects in operation and to correct the ICR charge for any change in the user's wastewater discharge characteristics.
Sec. 24-46(6). The useful life of wastewater improvements will normally equal or exceed thirty (30) years. Thirty (30) years will be used as the maximum cost recovery period. Capital improvements with useful lives of less than thirty (30) years shall have a cost recovery period equal to the useful life of the project in accordance with EPA regulations.
Sec. 24-46(7). The total ICR recovered from an industry which discontinues use during the ICR period shall be the federal cost of the capacity used multiplied by the ratio of its period of use to the ICR period.
Sec. 24-46(8). A new industry which connects to a treatment works after such works has been put into service shall begin ICR payments on the date use is initiated and shall continue for the unexpired portion of the ICR period or until the industry ceases use of the facility, whichever occurs first. The total ICR recovered from a new industry shall be the federal cost of the capacity used multiplied by the ratio of its period of use to the ICR period.
(Ord. No. 4672, ยง 5, 6-20-77)
Sec. 24-47(1). Inspection of every facility that is involved directly or indirectly with the discharge of wastewater to the utility's sewage system may be made by departmental inspectors as deemed necessary by the director. These facilities shall include but not be limited to: sewers; sewage pumping plants; pollution control plants; all industrial processes; industrial wastewater generation, conveyance and pretreatment facilities, devices and connection sewers; and all similar sewerage facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this article.
Sec. 24-47(2). Adequate identification shall be provided by the director for all inspectors and other authorized personnel, and these persons shall identify themselves when entering any property for inspection purposes, or when inspecting the work of any contractor.
Sec. 24-47(3). Access to all of the above facilities or to other facilities directly or indirectly connected to the public sewerage systems shall be given to authorized personnel of the department of water and sewers at all reasonable times, including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the sewerage facility to be inspected shall promptly be removed by the facility user or owner at the request of the director, and shall not be replaced.
Sec. 24-47(4). No person shall interfere with; delay, resist or refuse entrance to an authorized inspector attempting to inspect any wastewater generation, conveyance or treatment facility connected directly or indirectly to the public sewerage system.
Sec. 24-47(5). Any trade secrets obtained through the permit process or in the course of implementation or enforcement of this article shall not be made public except to that extent necessary to enforce this article.
(Ord. No. 4672, ยง 5, 6-20-77)
Sec. 24-48(1). Any person violating any provisions of this article or any condition or limitation of a permit issued pursuant thereto, is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed three hundred dollars ($300.00), and imprisonment not to exceed sixty (60) days, or both. Each day during which any violation continues shall constitute a separate offense punishable as provided above.
Sec. 24-48(2). Any person who intentionally or negligently allows discharge to the wastewater collection and treatment system any industrial wastewater which is detrimental to the treatment works or its proper and efficient operation and maintenance, shall be civilly liable to the city for a sum not to exceed six thousand dollars ($6,000.00) for each day in which such violation occurs. In the event of such violation, the director shall, upon authorization from the city manager, petition the courts to impose, assess and recover such sums expended by the department of water and sewers to correct the resultant damage to its sewerage systems.
Sec. 24-48(3). All charges for the industrial surcharge, for sampling and/or analysis of wastewater, for excessive sewer maintenance, for the annual treatability charge, or any other charge authorized by this article shall be paid within twenty (20) days of the date of the billing. After twenty (20) days from the date of billing the unpaid balance shall be subject to a basic penalty charge of ten (10) percent. Interest at the rate of one-half (0.5) percent per month shall accrue on the sum of delinquent payments and penalty charges compounded monthly.
Sec. 24-48(4). Wastewater dischargers existing on the effective date of this article who cannot comply with wastewater quality limitations with existing pretreatment equipment may receive a permit allowing discharge of wastes which are in violation of section 24-45 of this article. This permit will be valid for a period set by the director, which is consistent with the time required to install the equipment necessary to comply with the standards set forth in section 24-45. In no case shall this period for compliance exceed two (2) years. The above temporary permit shall require compliance with section 24-45, except where specifically stated in the permit. The permit holder shall be subject to treatability charges as outlined in minor section 24-43(4), and he is in no way relieved of any charges for excessive sewer maintenance resulting from discharges which adversely affect the sewage collection and treatment facilities.
Sec. 24-48(5). Should measurements or other investigations reveal that an industrial discharger is discharging waste volume or pollutant quantities in excess of those permitted by the discharge permit, or in excess of the quantities reported to the utility by the discharger, the discharger shall apply for an amended permit and shall be assessed for delinquent charges with penalty and interest as outlined in minor section 24-48(3) above. For purposes of determining that the discharger is exceeding reported or permitted values, the following metering and/or sampling data shall be considered adequate:
The sample analysis and/or metering data must show that on three (3) separate twenty-four-hour periods, the discharger exceeded the reported or permitted wastewater quality or quantity parameters by ten (10) percent or more. For the purpose of estimating delinquent charges any discharger found in violation shall, in the absence of other evidence or previous discharge verifications, be presumed to have been discharging the preceding three (3) years at the determined parameter values.
Sec. 24-48(6). Suspension of Permit for Industrial Wastewater Discharge. The director may suspend a permit for industrial wastewater discharge for a period not to exceed forty-five (45) days when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment or to the city's sewerage system.
Any discharger notified of a suspension of his industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. In the event of a failure of the discharger to comply voluntarily with the suspension order, the director shall take such steps as are reasonably necessary to ensure compliance.
Any suspended discharger may file with the director a request for an appeal board hearing in which event the appeal board shall meet within fourteen (14) days of the receipt by the director of such request. The board shall hold a hearing on the suspension and shall either confirm or deny the action of the director. Reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in minor section 24-48(8), five (5) days prior to the hearing date. At this hearing, the suspended discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his own behalf. In the event that (a) the board fails to meet within the time set forth above, or (b) fails to make a determination within five (5) days after the close of the hearing, the order of suspension shall be stayed until a determination is made either confirming or revoking the action of the director.
The director shall reinstate the industrial wastewater permit upon proof of satisfactory compliance with all discharge requirements of the city. Upon the failure of the suspended discharger to meet the requirements of the city, the director shall institute a separate revocation hearing pursuant to minor section 24-48(7).
Sec. 24-48(7). Revocation of Permit for Industrial Wastewater Discharge. The appeal board may revoke a permit for industrial wastewater discharge upon a finding that the discharger has violated any provision of this article. No revocation shall be ordered until a hearing on the question has been held by the appeal board. At this hearing the discharger may appeal personally or through counsel, cross-examine witnesses and present evidence in his own behalf. Notice of the hearing shall be given to the discharger in accordance with minor section 24-48(8) at least fifteen (15) days prior to the date of hearing.
Any discharger whose industrial wastewater permit has been revoked shall immediately stop all discharge of any liquid-carried wastes covered by the permit to any public sewer that is tributary to a sewer or sewerage system of the city. The director may disconnect or permanently block from such public sewer the industrial connection sewer of any discharger whose permit has been revoked, if such action is necessary to ensure compliance with the order of revocation.
Before any further discharge of industrial wastewater may be made by the discharger, he must apply for a new city permit for industrial wastewater discharge, pay all charges that would be required upon initial application together with all delinquent fees, charges and penalties, and such other sums as the discharger may owe to the city. Costs incurred by the city in revoking the permit and disconnecting the industrial connection sewer shall be paid for by the discharger before issuance of a new permit for industrial wastewater discharge.
Sec. 24-48(8). Notice of Violation.
(a) The director shall notify any person found to be in violation of this article or of any limitation or requirement of a permit issued hereunder except where the director finds that there is an imminent hazard to public health, safety or welfare, to the local environment or to the city's sewerage system. The director shall take no enforcement action under this article until ten (10) days from date notice is given, unless a different time period is required by law.
(b) Any notice required to be given by the director under this article shall be in writing and served by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the director. Where the address is unknown, service may be made the owner of record of the property involved.
(c) Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.
Sec. 24-48(9). Enjoinment From Discharge. Any holder of a permit for industrial wastewater discharge may be enjoined from discharging all industrial wastewater to the sewerage system until such person has complied with this article.
(Ord. No. 4672, ยง 5, 6-20-77)
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