925.12 INDUSTRIAL DISCHARGE PERMITS.
   (a)    No individual, person or User shall discharge or cause to be discharged into the sewer system any industrial wastes except upon application to the Control Authority for an Industrial Discharge Permit, and upon subsequent receipt and acknowledgment of a written permit thereof. An Industrial Discharge Permit shall be in addition to any other permit required for connection to the sewer system.
   (b)    Any individual, person or User desiring to make and/or use a connection to the sewer system through which industrial wastes will be discharged into the sewer system shall file with the Department of Public Works an Industrial Waste Survey Questionnaire, to be furnished by the Department, which shall supply pertinent data, including estimated quantity, flow characteristics and constituent composition, with respect to the industrial wastes.
   (c)    All Industrial or Significant Industrial Users proposing to connect to and/or discharge to the sewer system shall obtain an Industrial Discharge Permit before connecting or discharging to the sewer system. All existing Industrial or Significant Industrial Users connected to and/or discharging to the sewer system shall obtain, if determined as necessary by the Control Authority, an amended Industrial Discharge Permit within ninety (90) days after the effective date of this article.
   (d)    Users required to obtain an Industrial Discharge Permit shall complete and file with the City an application in the form prescribed by the Department of Public Works. Existing Users shall, if determined as necessary by the Control Authority and upon receipt of appropriate notification thereby, apply for an amended Industrial Discharge Permit within sixty (60) days after the notification.
   (e)    Proposed new Users shall apply at least ninety (90) days prior to connecting to and/or discharging to the sewer system. In support of the application, the User shall submit, in units and terms appropriate for evaluation, the following information:
      (1)    Name, address and location (if different from the address) of the User's facility;
      (2)    Name(s), address(es), and phone number(s) of the Authorized Representative(s) responsible for assuring compliance with the terms of the permit;
      (3)    SIC number(s) according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
      (4)    Wastewater constituents and their characteristics including, but not limited to, those mentioned in Sections 925.06 through 925.11 of this article as determined by a reliable analytical laboratory using sampling and analysis procedures in accordance with procedures established by the EPA pursuant to Section 304(8) of the Act and contained in 40 CFR 136, as amended;
      (5)    Time and duration of discharge(s);
      (6)    Average daily and 3 minute peak wastewater flow rates, including daily, monthly, seasonal variations, if any;
      (7)    Site plans, floor plans, mechanical and plumbing plans, and details denoting all sewers, sewer connections, and appurtenances by their size, location and elevation;
      (8)    Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
      (9)    Where known, the nature and concentration of any pollutants in the discharge which are limited by any City, State or National Categorical Pretreatment Standards, and a statement regarding whether or not the Pretreatment Standards are being met on a consistent basis and if not, whether additional Operation and Maintenance (O&M) and/or additional pretreatment is required for the User to meet applicable Pretreatment Standards;
      (10)    If additional pretreatment and/or O&M will be required to meet the Pretreatment Standard(s), the shortest compliance schedule by which the User will provide such additional pretreatment. The compliance 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:
         A.   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 meet the applicable Pretreatment Standard(s), e.g., hiring an engineer, completing preliminary plans, completing final plans, executing any contract(s) for major components, commencing construction, completing construction, ... , etc.
         B.   No increment referred to in subsection (e)(10)A. above shall exceed nine (9) months.
         C.   Not later than fourteen (14) days following each date in the schedule and also following the final date for compliance, the User shall submit a progress report to the Control Authority including at a minimum, a statement as to whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason(s) for delay, and the steps being taken by the User to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the Control Authority.
      (11)    Each product produced by type, amount, process and rate of production;
      (12)    Type and amount of raw materials processed (average and maximum per day);
      (13)    Number of employees and hours of operation of plant and proposed or actual hours or operation of any pretreatment system;
      (14)    Any other information as may be deemed necessary by the Department of Public Works to properly and effectively evaluate the permit application.
   (f)    The Department of Public Works will evaluate the data furnished by the User and may require additional information. After evaluation and acceptance of the data furnished, the Department of Public Works may issue an Industrial Discharge Permit subject to the terms and conditions provided herein and as set forth in said permit.
   (g)    Any individual, person or User who shall discharge industrial wastes into the sewer system, when required by the Control Authority, shall construct and thereafter properly maintain at the User's expense, a suitable and accessible control manhole and/or other devices as may be required and approved by the Control Authority to facilitate the observation, accurate measurement and the sampling of industrial waste discharges.
   (h)    Any improved property discharging industrial wastes into the sewer system and contemplating a change in the method of operation which will alter the characteristics and/or volumes of wastes at the time being discharged into the sewer system shall notify the Control Authority, in writing, at least sixty (60) days prior to consummation of such change. The Control Authority reserves the right to require improved properties having large variations in rates of waste discharge to install suitable regulating devices for equalizing waste flows to the sewer system.
   (i)    The Control Authority reserves the right to impose User surcharges in addition to normal sewer use charges and/or impose other requirements in connection with any high strength or industrial waste discharged into the sewer system by agreement with the Owner of the improved property.
   These additional charges and/or requirements shall be made in accordance with the methods described in this article, or by modification or alterations to this article as may be acceptable to the West Virginia Department of Environmental Protection and the U.S. EPA. The addition or modification of discharge requirements may require the pretreatment of such industrial waste at the Owner's expense.
(Ord. O-3-08. Passed 7-24-08.)