§ 51.53 PERMIT CONDITIONS.
   (A)   Industrial user 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 may contain the following:
      (1)   The unit charge or schedule of user charges and fees for the wastewater to be discharged to the public sewer system;
      (2)   Effluent limits, including best management practices, on the average and/or 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)   Specifications for monitoring programs which may include sampling locations, frequency of sampling to be performed, types and standards of analysis and reporting schedules;
      (6)   Compliance schedules;
      (7)   Requirements for maintaining and retaining all records relating to wastewater discharge as specified by the city for a minimum of three (3) years, and afford 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 constituents being introduced into the city's wastewater treatment system;
      (9)   Requirements for notification of slug discharges;
      (10)   Requirements for the user to reimburse the city for the expenses related to monitoring, sampling, and testing performed at the direction of the Superintendent and deemed necessary by the city to verify that the user is in compliance with the permit;
      (11)   Any other conditions as deemed appropriate by the Superintendent and/or the city to ensure compliance with this chapter;
      (12)   Requirements for submission of technical reports or discharge reports;
      (13)   A statement that indicates the industrial user discharge permit issuance date, expiration date and effective date;
      (14)   A statement that the industrial user permit is nontransferable;
      (15)   Requirements to control slug discharge if determined by the Superintendent to be necessary; and
      (16)   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.
   (B)   Where an effluent from an industrial process is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be derived for the discharge permit by the Superintendent. These alternative limits shall be applied to the mixed effluent. These alternative limits shall be calculated using the combined wastestream formula and/or flow-weighted average formula given in 40 CFR 403.6(e). Where the effluent limits in a categorical pretreatment standard are expressed only in terms of mass of pollutants per unit of production (production-based standard), the Superintendent may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or of effluent concentration for purposes of calculating effluent permit limitations applicable to the permittee. The permittee shall be subject to all permit limits calculated in this manner under 40 CFR 403.6(c) and must fully comply with these alternative limits. All categorical industrial users subject to production-based standards must report production rates annually so that alternative permit limits can be calculated if necessary. The categorical user must notify the Superintendent thirty (30) days in advance of any change in production levels that might effect the flow or other data used to calculate the effluent limits in the discharge permit.
   (C)   When a categorical pretreatment standard is expressed only in terms of pollutant concentrations, an industrial user may request that the city convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Superintendent. The Superintendent may establish equivalent mass limits only if the industrial user meets all the conditions set forth as follows:
      (1)   To be eligible for equivalent mass limits, the industrial user must: (i) employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its industrial user discharge permit; (ii) currently use control and treatment technologies adequate to achieve compliance with the applicable categorical pretreatment standard, and not have used dilution as a substitute for treatment; (iii) provide sufficient information to establish the facility's actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility's long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions; (iv) not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and (v) have consistently complied with all applicable categorical pretreatment standards during the period prior to the industrial user's request for equivalent mass limits.
      (2)   An industrial user subject to equivalent mass limits must: (i) maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits; (ii) continue to record the facility's flow rates through the use of a continuous effluent flow monitoring device; (iii) continue to record the facility's production rates and notify the superintendent whenever production rates are expected to vary by more than twenty percent (20%) from its long-term average production rates. Upon notification of a revised production rate, the Superintendent will reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and (iv) continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to division (C)(1)(i) of this section so long as it discharges under an equivalent mass limit.
      (3)   When developing equivalent mass limits, the Superintendent shall: (i) calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the industrial user by the concentration-based daily maximum and monthly average standard for the applicable categorical pretreatment standard and the appropriate unit conversion factor; (ii) upon notification of a revised production rate, will reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and (iii) may retain the same equivalent mass limit in subsequent individual user discharge permit terms if the industrial user's actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment.
(Ord., passed 8-20-91; Am. Ord. 2011-35, passed 1-3-12)