(a) Individual Wastewater Discharge Permit Duration. An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Public Works Director. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.
(b) Individual Wastewater Discharge Permit Contents. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Public Works Director 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.
(1) Individual wastewater discharge permits must contain:
A. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date; See Section 913.11 (a).
B. A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 913.11(e), and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
C. Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards;
D. Self monitoring, sampling, reporting, notification, and record keeping 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. The Control Authority may perform all or part of the required sampling and analysis in lieu of the CIU, the SIU or the non-significant CIU. In this case the Industrial User will not be required to submit that data obtained by the Control Authority in its report.
E. The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 913.12(d)(2). Section 913.10(e)(1)A. - H. includes permittee instruction for requests for a new (or renewal of an existing) monitoring waiver for a pollutant neither present nor expected to be present in the discharge. (See 40 CFR 403.12(e)(2).)
F. A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law.
G. Requirements to control Slug Discharge, if determined by the Public Works Director to be necessary.
H. Any grant of the monitoring waiver by the Public Works Director per Section 913.12(d)(2) must be included as a condition in the User's permit.
(2) Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:
A. Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization;
B. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
C. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
D. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
E. The unit charge or schedule of User charges and fees for the management of the wastewater discharged to the POTW;
F. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
G. A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State Pretreatment Standards, including those which become effective during the term of the individual wastewater discharge permit and;
H. A schedule for compliance with permit requirements.
I. Other conditions as deemed appropriate by Public Works Director to ensure compliance with this chapter, and State and Federal laws, rules, and regulations.
(c) Permit Issuance Process.
(1) Public Notification. The Public Works Director will publish in an official government publication and/or newspaper(s) of general circulation that provides meaningful public notice with the jurisdiction(s) served by the POTW, or on the City web page, a notice to issue a pretreatment permit, at least 30 days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted
(2) Permit Appeals. A User may petition the Public Works Director to reconsider the terms of an individual wastewater discharge permit within 30 days of notice of its Issuance.
A. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
B. In its petition, the appealing party must indicate the individual wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit.
C. The effectiveness of the individual wastewater discharge permit shall not be stayed pending the appeal.
D. If the Public Works Director fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit, not to issue an individual wastewater discharge permit, or not to modify an individual wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
E. Aggrieved parties seeking judicial review of the final administrative individual wastewater discharge permit must do so by filing a complaint with the appropriate Court of proper jurisdiction within the appropriate State Statute of Limitations.
(d) Permit Modification.
(1) The Public Works Director may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
A. To incorporate any new or revised Federal, State, or local Pretreatment Standards or Requirements;
B. To address significant alterations or additions to the User's operation, processes, or wastewater volume or character 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, City personnel, the POTW's beneficial sludge use, 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 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. To correct typographical or other errors in the individual wastewater discharge permit; or
I. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 913.l1(e).
(e) Individual Wastewater Discharge Permit Transfer. Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the Public Works Director and the Public Works Director approves the individual wastewater discharge permit coverage transfer. The notice to the Public Works Director must include a written certification by the new owner or operator which:
(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.
(f) Individual Wastewater Discharge Permit Revocation. The Public Works Director may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) Failure to notify the Public Works Director of significant changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the Public Works Director of changed conditions pursuant to Section 913.12(e);
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) Falsifying self-monitoring reports and certification statements;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Public Works Director timely access to the facility premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility;
(13) Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this chapter.
Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a User are void upon the issuance of a new individual wastewater discharge permit to that User.
(g) Individual Wastewater Discharge Permit Reissuance. A User with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 913.10(e) of this chapter, a minimum of 90 days prior to the expiration of the User's existing individual wastewater discharge permit.
(h) Regulation of Waste Received from Other Jurisdictions.
(1) If another municipality, or User located within another municipality, contributes wastewater to the POTW, the Public Works Director shall enter into an intermunicipal agreement with the contributing municipality.
(2) Prior to entering into an agreement required by Section 913.11 (h)(1), above, the Public Works Director shall request such other information as Public Works Director may deem necessary.
(3) An intermunicipal agreement, as required by subsection (h)(1) above, shall contain the following conditions:
A. A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the Public Works Director; and which of these activities will be conducted jointly by the contributing municipality and the Public Works Director;
B. A requirement for the contributing municipality to provide the Public Works Director with access to all information that the contributing municipality obtains as part of its pretreatment activities;
C. A provision ensuring the Public Works Director access to the facilities of Users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the Public Works Director; and
D. A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
(Ord. 07-2009. Passed 2-11-09.)