1042.08  WASTEWATER DISCHARGE PERMITS.
   (a)   Required.  It shall be unlawful for users to discharge into the POTW any wastewater which will cause interference or pass-through, or otherwise not comply with the discharge prohibitions of Section 1042.06 of this Code. It shall be unlawful for a significant industrial user to discharge into the POTW without a wastewater discharge permit from the Detroit Water and Sewerage Department. Unless otherwise expressly authorized by the Department through permit, order, rule or regulation, any discharge must be in accordance with the provisions of this chapter.
      (1)   All significant industrial users, which are in existence on the effective date of this chapter, shall apply for a wastewater discharge permit within 30 days of the effective date of this chapter. Significant industrial users who are currently operating with a valid wastewater discharge permit are not subject to this provision. These applications are to include all information specified in Section 1042.08 of this Code and, where applicable, any additional information which may be needed to satisfy the Federal baseline monitoring report requirements of 40 C.F.R. § 403.12(b).
      (2)   All new significant users shall apply for a wastewater discharge permit at least 90 days prior to commencement of discharge. The application must include all information specified in Section 1042.08 of this Code and, where applicable, any additional information that may be needed to satisfy the Federal BMR requirements of 40 C.F.R. § 403.12(b). Until a permit is issued and finalized by the Department, no discharge shall be made into the POTW.
      (3)   Any user who proposes to discharge any wastewater other than sanitary or noncontact cooling water into the POTW shall request approval from the Department for the discharge(s) at least 30 days prior to the commencement of the discharge.
   (b)   Permit Application or Reapplication.  The Department may require any user to complete a questionnaire and/or a permit application and to submit the same to the Department for determining whether the industrial user is a significant user, or to determine changes in the wastewater discharges from a user’s facility. Within 30 days of being so notified, a user shall comply with the Department’s request in the manner and form prescribed by the Department. Failure of the Department to so notify a user shall not relieve the user of the duty to obtain a permit as required by this chapter.
      (1)   A user, which becomes subject to a new or revised national categorical pretreatment standard, shall apply for a wastewater discharge permit within 90 days after the promulgation of the applicable national categorical pretreatment standard, unless an earlier date is specified or required by 40 C.F.R. § 403.12(b). The existing user shall provide a permit application which includes all the information specified in Section 1042.08(c) and (g) of this Code.
      (2)   A separate permit application shall be required for each separate facility.
      (3)   Existing permittees shall apply for permit reissuance a minimum of 90 days prior to the expiration of existing permits on a form prescribed by the Department.
   (c)   Application or Reapplication Information.  In support of an application or reapplication for a wastewater discharge permit, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
      (1)   Corporate or individual name, any assumed name(s), Federal employer identification number, address, and location of the discharging facility.
      (2)   Name and title of the authorized representative of the industrial user who shall have the authority to bind the industrial user financially and legally.
      (3)   All SIC numbers of all processes at this location according to the Standard Industrial Classification Manual, issued by the Executive Office of the President, Office of Management and Budget, 1987, as amended.
      (4)   Actual or proposed wastewater constituents and characteristics for each parameter listed in the permit application form. Such parameters shall include those applicable pollutants having numeric limitations as enumerated in Section 1042.06(a) and (b) of this Code, those pollutants limited by national categorical pretreatment standards regulations for applicable industries and any toxic pollutants known or suspected to be present in the discharge, regulated in the previous permit, or specifically requested by the Detroit Water and Sewerage Department. For each parameter, the expected or experienced maximum and average concentrations during a one-year period shall be provided. For industries subject to national categorical pretreatment standards or requirements, the data requested herein shall be separately shown for each categorical process wastestream. Combined wastestreams proposed to be regulated by the combined wastestream formula shall also be identified. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to 33 U.S.C. § 1314(g) and contained in 40 C.F.R. Part 136, as amended. Where 40 C.F.R. Part 136 does not include sampling or analytical techniques for the pollutants in question, sampling and analysis shall be performed using validated analytical methods approved by the Administrator.
      (5)   A listing and description of activities, facilities and plant processes on the premises. Those processes, which are subject to national categorical pretreatment standards or requirements, shall be so designated. As pertains to subsection (c)(4), of this section, identify which pollutants are associated with each process.
      (6)   Restricted to only those pollutants referred to in subsection (c)(4) of this section, a listing of raw materials and chemicals which are either used in the manufacturing process or could yield the pollutants referred to in subsection (c)(4). Any user claiming immunity from having to provide such information for reasons of national security shall furnish acceptable proof of such immunity.
      (7)   A description of typical daily and weekly operating cycles for each process in terms of starting and ending times for each of the seven days of the week.
      (8)   Denote:
         A.   The average and maximum 24-hour wastewater flow rates including, if any, daily, monthly and seasonal variations;
         B.   Each national categorical process wastestream flow rate and the cooling water, sanitary water and storm water flow rates separately for each connection to the POTW; and
         C.   Each combined wastestream.
      (9)   A drawing showing all sewer connections and sampling manholes by the size, location, elevation and points or places of discharges into the POTW; also a flow schematic showing which connections receive each national categorical process wastestream and which connections receive storm water, sanitary water or cooling water; also show which lines handle each combined wastestream. This schematic shall be cross-referenced to the information furnished in subsection (c)(8) of this section.
      (10)   Each product produced by type, amount, process or processes and rate of production as pertains to processes subject to production based limits under the national categorical pretreatment standards or requirements only.
      (11)   A statement regarding whether or not the requirements of this chapter and of the national categorical pretreatment standards and requirements are being met on a consistent basis and, if not, what additional operation and maintenance work and/or additional construction is required or the industrial user to meet the applicable standards and requirements. This statement shall be reviewed and signed by the authorized representative and, as appropriate, certified by a qualified professional.
      (12)   Basic information on the program for the prevention of accidental discharges in accordance with the requirements of Section 1042.06(i) of this Code.
      (13)   Proposed or actual hours of operation of each pretreatment system for each production process.
      (14)   A schematic and description of each pretreatment facility which identifies whether each pretreatment facility is of the batch type or continuous process type.
      (15)   If other than Detroit Water and Sewerage Department potable water, the industrial user’s source of intake water together with the types of usage and disposal method of each water source, and the estimated wastewater volumes from each source.
      (16)   If additional construction and/or operation and maintenance procedures will be required to meet the requirements of this chapter and the national categorical pretreatment standards, the shortest schedule by which the user will provide such additional construction and/or implement the required operation and maintenance procedures.
      (17)   Identify whether the user has conducted a waste minimization assessment or audit of its operations in order to identify all feasible source reduction and recycling practices that may be employed to reduce or eliminate the generation of pollutants and other waste at the facility.
      (18)   Any other information as may reasonably be required to prepare and process a wastewater discharge permit.
   (d)   Permit Issuance.  Upon receipt of an application, the Department shall review the application, determine, and so notify the industrial user in writing regarding any of the following:
      (1)   The industrial user does not meet the definition of a significant industrial user and is not required to have a wastewater discharge permit.
      (2)   The industrial user does meet the definition of a significant industrial user but is found by the Department to have no reasonable potential for adversely affecting the POTW operation or for violating any pretreatment standard or requirement, and is not required to have a wastewater discharge permit. The Department shall make such determination in accordance with the requirements of 40 C.F.R. § 403.8(f)(6).
      (3)   The application is incomplete or the information only partially satisfies the information and data required by 40 C.F.R. § 403.12 or by the Department, and that additional information and data are required which shall be promptly furnished. Where appropriate, the industrial user is notified regarding specific information that is missing, or that the application is unacceptable.
      (4)   The industrial user is required to have a wastewater discharge permit. The Department shall notify the industrial user of its determination and the basis of the determination. The Department may withhold issuance of a permit to a significant user, which has not submitted an adequate or timely report, or permit application, to the Department as the control authority in accordance with the reporting requirements of 40 C.F.R. § 403.12, or whose discharge is in violation of this chapter. If the Department determines that an industrial user is required to have a wastewater discharge permit and has evaluated and accepted the data furnished, the industrial user will be notified accordingly by certified mail. The notification shall contain a copy of the draft permit, so marked, for the industrial user’s review. An industrial user has 30 days from the date of mailing to file a response to the draft permit and, in accordance with the procedures contained in Section 1042.99 of this Code, 20 days from the date of mailing to file an appeal regarding a permit issued as final. Upon disposition by the Department of any contested terms or conditions, a permit shall be issued as final. Only one facility location shall be included in each permit.
   (e)   Permit Conditions.  Wastewater discharge permits shall contain all requirements of 40 C.F.R. § 403.8(f)(1)(iii) and shall be deemed to incorporate all provisions of this chapter, other applicable laws, rules, regulations, and user charges and fees established by the City of Detroit or City of Wayne without repetition therein. In addition, permits may contain the following:
      (1)   Limits on the average and maximum wastewater constituents or characteristics which are equivalent, more restrictive than, or supplemental to the numeric limits enumerated in Section 1042.06 of this Code, or the applicable national categorical pretreatment standards.
      (2)   Limits on average, and maximum rate and time of discharge or requirements for flow regulation and equalization.
      (3)   Requirements for installation, operation, and maintenance of discharge sampling manholes and monitoring facilities by the industrial user.
      (4)   Restrictions on which of the user’s discharge wastestreams are to be allowed to be discharged at each point of connection to the POTW.
      (5)   Specifications for industrial user monitoring programs which may include sampling locations, frequency and type of sampling, number, types and standards for tests and reporting schedules.
      (6)   Requirements for the prevention of accidental discharges and the containment of spills or slug discharges.
      (7)   Restrictions based on the information furnished in the application.
      (8)   Additional reporting requirements:
         A.   All permittees shall submit a report on the form prescribed by the Department, or on an alternative form approved by the Department, indicating the status of compliance with all conditions enumerated or referred to in the wastewater discharge permit, or made applicable to the permit by this chapter. Unless required more frequently, the reports shall be submitted at six-month intervals on a schedule to be established by the Department. Analytical data generated by the Department may not be submitted in lieu of the facility’s own monitoring data as required by the wastewater discharge permit.
         B.   Permittees not subject to national categorical pretreatment standards or requirements shall submit a report in accordance with the requirements of Section 1042.08(e)(8)D. and E. of this Code. The report shall show the concentration of each substance for which there is a specific limitation in the permit, or which may be identified by the Department in accordance with Section 1042.08(e)(9) and (11) of this Code.
         C.   Permittees subject to national categorical pretreatment standards or requirements shall submit compliance reports at the times and intervals specified by Federal regulations and by the Department. A compliance report shall be submitted to the Department no later than 90 days following the final compliance date for a standard, or in the case of a new source, no later than 90 days, following commencement of the introduction of wastewater into the POTW, and in accordance with 40 C.F.R. § 403.12(d). A report on continued compliance shall be submitted at six-month intervals thereafter on the schedule established by the Department and incorporated into the industrial user’s discharge permit and in accordance with Section 1042.08(e)(8)D. and E. of this Code. The reports shall be either on a form prescribed by the Department or on an alternate form approved by the Department, and shall indicate the nature and concentration of all pollutants in the discharge from each regulated process which are limited by national categorical pretreatment standards, or which there is a specific limitation in the permit, or which may be identified by the Department in accordance with Section 1042.08(e)(9) and (11) of this Code. The report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharges regulated by the permit. The combined wastestream formula may be used for reporting purposes after the initial information has been furnished to the Department, provided there have been no changes to the elements composing the combined wastestream.
         D.   Reports shall contain the results of representative sampling performed during the period covered by the report and of the discharge and analysis of pollutants contained therein, and, for significant industrial users subject to production based standards, shall be cross-referenced to the related flow or production and mass as required to determine compliance with the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable general pretreatment regulations, being 40 C.F.R. Part 403, or by the Department, but no less than is necessary to assess and assure compliance by the industrial user with the most stringent applicable pretreatment standards and requirements. All sampling and analysis shall be performed in accordance with applicable regulations contained in 40 C.F.R. Part 136 and amendments thereto. Where 40 C.F.R. Part 136 does not include sampling or analytical techniques for the pollutants in question, sampling and analysis shall be performed using validated analytical methods approved by the Administrator. If an industrial user monitors any pollutant more frequently than required by the Department using the procedures as prescribed in this section, the results of this monitoring shall be included in such report. The report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional operation and maintenance practices and/or pretreatment system improvements or changes are necessary to bring the industrial user into compliance with the applicable pretreatment standards.
         E.   This report, and those required under Sections 1042.06(c)(5) and 1042.08(e)(8)B. and C. of this Code, shall include the following certification statement: “I certify under penalty of law that this document and all attachments were prepared under my direction, or supervision, in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and/or imprisonment for knowing violations.”  Said certification shall be signed by the facility’s authorized representative, as defined in Section 1042.03(a)(2) of this Code. If an authorization is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of the authorized representative definition must be submitted to the Department prior to, or together with, any reports to be signed by an authorized representative.
         F.   If sampling performed by a permittee indicates a violation, the user shall notify the Department within 24 hours of the time such user becomes, or should have become, aware of the violation. In addition, the user shall repeat the sampling and analysis, and submit the results of the repeat analysis to the Department within 30 days after such user becomes, or should have become, aware of the violation.
      (9)   In the event the Director determines that an industrial user is discharging substances in quality, quantity or at locations which may cause problems to the POTW, or the receiving stream, the Department has the authority to develop and enforce effluent limits applicable to the user. To the extent the Department seeks to impose restrictions in a permit which are more restrictive than established in this chapter, the Department shall provide written documentation to explain the greater restriction for protection against pass-through, interference, or violation of the NPDES permit.
      (10)   Requirement for pollution prevention initiatives.
      (11)   Other requirements reasonably necessary to ensure compliance with this chapter.
   (f)   Permit Duration.  Permits shall be issued for a specified time period. Except as deemed necessary by the Department, or as otherwise provided for under this chapter, permits shall be issued for a specified period of not more than five years nor less than one year. The existing permit for significant industrial users, who timely submit an application for permit reissuance to the Department, shall be automatically extended until a permit is issued as final.
   (g)   Permit Modification.  The terms and conditions of the permit may be subject to modification by the Department during the term of the permit as limitations or pretreatment standards and requirements identified in Section 1042.06 of this Code are amended, or other just cause exists. Just cause for a permit modification includes, but shall not be limited to, the following:
      (1)   Material or substantial changes to an industrial user’s facility or operation, or changes in the characteristics of the industrial user’s effluent. It shall be the industrial user’s duty to request an application form and apply for a modification of the permit within 30 calendar days of the change.
      (2)   Change(s) in the Department’s NPDES permit.
      (3)   Embodiment of the provisions of a legal settlement or of a court order.
      (4)   Any changes necessary to fulfill the Department’s role as control authority.
      (5)   An industrial user’s noncompliance with portions of an existing permit.
      (6)   A change of conditions within the POTW.
      (7)   A finding of interference or pass-through attributable to the industrial user.
      (8)   Amendments to, or promulgation of, national categorical pretreatment standards or requirements including 40 C.F.R. Part 403 and those delineated in Appendix A of this chapter. Permittees shall request an application form and apply to the Department for a modified permit within 90 days after the promulgation of a new or revised national categorical pretreatment standard to which the industrial user shall be subject. Information submitted pursuant to this subsection shall be confined to that information related to the newly promulgated or amended national categorical pretreatment standard or requirement. However, information previously submitted need not be duplicated, insofar as the previously submitted information continues to be current and applicable. In addition, the Department may initiate this action.
      (9)   Changes in the monitoring location. (See Section 1042.09 of this Code.)
      (10)   Typographical errors or omissions in permits.
      (11)   The Department may modify the permit on its own initiative based on its findings or reasonable belief of the above.
      (12)   The user may request a modification of the permit.
   When initiated by the Department, the industrial user shall be informed of any proposed change in its permit. The Department will issue a draft permit and an industrial user has 30 days to file a response to the draft modified permit. Thereafter, the Department will issue a final permit and, unless appealed in accordance with the procedures contained in Section 1042.99 of this Code, the permit will become effective 20 days after issuance.
   (h)   Permit Custody and Transfer.  Wastewater discharge permits are issued to a specific person as defined herein for a specific discharge. A wastewater discharge permit shall not be reassigned or transferred or sold to a different person, new owner, new industrial user, different premises, or a new or changed operation without notice to and written approval of the Department, and providing a copy of the existing permit to the new owner or operator. It shall be the permit holder’s duty to notify the Department of any such change at least 30 days before the date of the change. Wastewater discharge permits, which do not receive the written approval of the Department prior to the change, shall be null and void regardless of reassignment, or transfer, or sale. If it has occurred, the Department may revoke a permit. If a change takes place, the Department may require the application for a new or modified permit. Any succeeding person shall comply with the terms and conditions of any existing permit which the Department allows to be retained.
   (i)   Permit Notification Requirements.  All industrial users shall promptly notify the Department in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous waste for which initial notification under 40 C.F.R. § 403.12(p) has been made, request a permit application form, and apply for a modification of the permit at least 30 calendar days prior to the change. Failure of the industrial user to so apply shall be considered a violation of this chapter.
(Ord. 2013-05.  Passed 6-18-13.)