(a) After review of all required information, the Director may issue an Industrial Wastewater Discharge Permit that shall be expressly subject to all provisions of this chapter and all other state and federal laws and regulations.
(b) Industrial Wastewater Discharge Permits must include the following:
(1) The issuance date, expiration date, and effective date of the permit;
(2) A statement that the wastewater discharge permit is nontransferable without written concurrence from the Director, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits based on applicable Pretreatment Standards or other local Limits expressed as:
A. Instantaneous, maximum or average discharge concentrations;
B. Mass-based discharge limitations; or
C. Any combination of concentration and mass-based limitations deemed necessary by the Director.
(4) Requirements to maintain in proper working order at his or her own cost and expense safe, suitable facilities to obtain accurate samples of wastewater flow into the POTW;
(5) Requirements for monitoring;
(6) Requirements for maintaining and submitting technical reports such as self-monitoring, sample reporting (including sample locations, frequency, and type), notification, and other required records relating to wastewater discharges;
(7) A statement of applicable civil and criminal penalties for violation of Pretreatment Standards and Requirements; and
(8) Requirements to notify the POTW of any significant changes to the Industrial User’s operations or system which might alter the nature, quality, or volume of its wastewater at least thirty (30) days prior to such changes.
(c) Industrial Wastewater Discharge Permits may also include any of the following:
(1) Requirements to control Slug Discharges, if determined by the Director to be necessary;
(2) Discharge limits based on Categorical Pretreatment Standards, as required;
(3) Effluent limits expressed as BMPs and the associated monitoring and reporting requirements;
(4) Limits on rate and time of discharge or requirements for flow equalization;
(5) Compliance schedules that do not extend the time for compliance beyond that provided by applicable Federal, State or local regulations;
(6) For Categorical Pretreatment Standards only, any granted waivers from monitoring for a pollutant neither present nor expected to be present in the discharge;
(7) A requirement for the owner or operator of any premises (or facility discharging industrial wastes), to install safe, suitable facilities to obtain accurate samples of wastewater flow into the POTW; and/or
(8) Other conditions to comply with this chapter and other applicable state and federal laws, rules and regulations or as deemed necessary by the Director.
(d) Duration of Industrial Waste Permits:
(1) Permits shall be issued for a specific time period, not to exceed five (5) years. A permit may be issued for periods of less than one (1) year and may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification and change by the Director during the life of the permit as limitations or requirements are modified and changed. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(e) Transfer of Industrial Waste Permits:
(1) Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the Director. The permittee must give at least thirty (30) days advance written notice to the Director. The notice must include a written certification by the new owner/operator which states that the new owner has no immediate intent to change the facilities’ operation and processes; identifies the specific date on which the transfer is to occur; and acknowledges full responsibility for complying with the existing permit.
(f) Periodic Compliance Reports:
(1) All Industrial Users subject to an Industrial Waste Discharge Permits shall submit periodic compliance reports indicating the nature and concentration of pollutants in their discharge. The frequency of reporting shall be prescribed in the Industrial Waste Discharge Permit.
(g) Compliance Schedules:
(1) When the Director determines that it is necessary for Industrial Users to install technology or provide additional operation and maintenance (O&M) to meet any condition of this chapter or applicable Industrial Waste Discharge Permit, the Director shall require the development of the shortest schedule by which the Industrial User will provide this additional technology or O&M.
(2) The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard.
(3) For compliance schedules to achieve compliance with Categorical Pretreatment Standards, the compliance schedule shall:
A. 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 Industrial User to meet the applicable Categorical Pretreatment Standard (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).
1. No increment referred to in subsection (g)(3)A. hereof shall exceed nine (9) months.
B. Require the Industrial User to submit a progress report to the City of Warren no later than fourteen (14) days following each date in the schedule and the final date for compliance. This report shall include, at a minimum, whether or not it complied with the increment of progress to be made on such date. If not, the report shall also include the following:
1. The date on which the Industrial User expects to comply with this increment of progress to be met on such date;
2. The reason for delay; and
3. The steps being taken by the Industrial User to return the construction to the schedule established.
(4) For the progress reports described in subsection (g)(3)B. hereof, intervals between these reports to the City shall be no longer than nine (9) months.
(h) Industrial Waste Permits may be terminated for any of the following reasons:
(1) Falsifying self-monitoring reports;
(2) Tampering with monitoring equipment;
(3) Refusing to allow City personnel, or its authorized representative, timely (See Section 924.15) access to the facility premises and records;
(4) Failure to meet effluent limitations and/or failure to comply with all pretreatment requirements;
(5) Failure to pay fines;
(6) Failure to pay sewer charges;
(7) Failure to meet compliance schedules; or
(8) Other reasons deemed necessary by the City for the protection and/or safety of the POTW, the workers, or the public.
(Ord. 12966/2020. Passed 10-14-20.)