(A) Purpose.
(1) Local limits and applicable national pretreatment standards shall be enforced through individual industrial user permits. Any violation of the wastewater discharge permit, including Best Management Practices (BMPs) and/or Pollution Prevention Plans (P3s) used as an alternative to local limit(s)shall be deemed a violation of this chapter. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and state rules and regulations.
(2) It shall be unlawful for significant industrial users to discharge wastewater, either directly or indirectly, into the city's sanitary sewer system without first obtaining an industrial user's permit. Existing permitted industrial users must apply for a modification to their permit if there is a change in the permittee's contribution to the city sewage system.
(3) The pretreatment department may require other industrial users to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.
(B) Wastewater discharge permitting extra jurisdictional industrial users.
(1) Any existing significant industrial user located beyond the city limits shall submit a wastewater discharge permit application within 90 days prior to any proposed discharge into the POTW.
(2) Alternately, the city may enter into an agreement with the neighboring jurisdiction in which the significant industrial user is located to provide for the implementation and enforcement of pretreatment program requirements against said industrial user.
(C) Wastewater survey. When requested by the pretreatment coordinator, a user must submit information on the nature and characteristics of their wastewater by completing a wastewater survey within 45 days of the request. The pretreatment coordinator is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the user and shall be considered a violation of this chapter.
(D) Permit application.
(1) Existing users. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within 90 days after said date apply to the pretreatment coordinator for a wastewater discharge permit, and shall not cause or allow discharges to the POTW to continue after 180 days of the effective date of this chapter, except in accordance with a wastewater discharge permit issued by the city. Wastewater discharge permits issued prior to the effective date of this chapter shall remain in full force and effect until modified by the city to comply with the new ordinance or the expiration date of the permit, which term is shortest.
(2) New source. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 53.155(D)(3) of this chapter, must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
(3) Wastewater discharge permit application contents. All users required to obtain a wastewater discharge permit must submit a permit application. The pretreatment coordinator may require all users to submit as part of an application the following information:
(a) Identifying information: business name, owner name, mailing address, physical location of business, contact persons, etc;
(b) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the POTW;
(c) Number and type of employees, hours of operation, and proposed or actual hours of operation;
(d) Each product produced by type, amount, process or processes, and rate of production;
(e) Type and amount of raw materials processed (average and maximum per day);
(f) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size location, and elevation, and all points of discharge;
(g) Time and duration of discharges;
(h) A list of any environmental control permits held by or for the facility;
(i) Actual operational data if an existing user or best estimates based on other similar facilities; and
(j) Any other information as may be deemed necessary by the pretreatment coordinator to evaluate the wastewater discharge permit application.
(4) Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain 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 offline and imprisonment for knowing violations.”
(5) The pretreatment department will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the pretreatment department may issue an industrial user wastewater discharge permit subject to such terms and conditions as deemed reasonable and necessary. Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.
(E) Permit duration. Industrial user discharge permits will be issued for a specified time period not to exceed five years. A permit may be issued for a period less than five years at the discretion of the pretreatment department.
(F) Permit renewal. Industrial users shall apply for renewal of permits at least 90 days prior to the expiration of the existing permit. Provided that such application has been filed in a timely manner, the terms and conditions of the permit shall continue in full force and effect until a new permit has been issued or denied.
(G) Permit modification.
(1) The permit may be modified for good cause including, but not limited to, the following:
(a) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(b) Material, substantial alterations, additions to the discharger's operation processes, discharge volume, or characteristics of the wastewater which were not considered in drafting the effective permit;
(c) A change in any condition, in either the industrial user or the POTW, that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses threat to the city's collection and treatment systems, POTW personnel, or the receiving waters;
(e) Violation of any terms or conditions of the permit;
(f) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting;
(g) Revision of or a grant of variance from such categorical standards pursuant to 40 CFR 403.13;
(h) Correction of typographical or other errors in the permit;
(i) Transfer of the facility ownership and/or operation to a new owner/operator; or
(j) Upon request of the permittee (provided such request does not create a violation of any applicable requirements) standards, laws, rules, or regulations.
(2) Industrial users shall be informed of any changes in their permits in a timely manner. Changed or new conditions in a permit shall include a reasonable time for compliance.
(3) The filing of a request by the permittee for a permit modification, revocation, renewal, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(H) Permit conditions. Wastewater 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 will contain, but not be limited to, the following items applicable to this chapter and other pretreatment regulations:
(1) Limits on the average and maximum wastewater constituents and characteristics based on applicable general pretreatment standards in 40 CFR 403 of the Code of Federal Regulations, categorical pretreatment standards, local limits, and state and local law; including those which become effective during the term of the permit;
(2) Limits on the average and maximum rate and time of discharge or requirements for flow regulation and equalization;
(3) Requirements for 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;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs which may include sampling procedures, locations, frequency of sampling (as determined by POTW or CA, number, types and standards for tests and reporting schedule);
(6) Compliance schedules, as required;
(7) Requirements for development and implementation of accidental or slug discharge and spill prevention plans, or other special conditions including management practices necessary to adequately prevent, unanticipated, or routine discharges;
(8) Requirements for submission of technical reports, discharge reports or Best Management Practice (BMP)/Pollution Prevention Plan compliance reports if used as alternative of limit(s) as part of the categorical standards;
(9) Requirements for notification of the pretreatment department of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
(10) Requirement for notification of excessive, accidental, or slug discharges;
(11) A statement that compliance with the permit does not relieve the permittee of the responsibility for compliance with all applicable federal pretreatment standards, including those which become effective during the term of the permit;
(12) A statement of duration, which in no event shall exceed five years;
(13) A statement of non-transferability without the prior approval of the POTW and provision for a copy of the existing control mechanism to the new owner or operator;
(14) Self-monitoring, sampling, reporting, notification and record keeping requirements, including identification of the pollutants to be monitored, sampling location, sample frequency, and sample type, based on the applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits, and state and local law;
(15) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements;
(16) Other conditions as deemed appropriate by the city to ensure compliance with this chapter, and state and federal laws, rules, and regulations.
(I) Permit transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred, or sold to a new owner, new user, different location, or a new or changed operation without the prior written approval of the city. Notification to the city must include a written certification by the new owner and/or operator which:
(1) States that the new owner and/or operator have no immediate intent to change the facility's operations and processes.
(2) Identifies the specific date on which the transfer is to occur.
(3) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(J) Permit appeals.
(1) An industrial user may appeal the denial or the requirements of the discharge permit by writing the Director of Public Works within 30 days of notice of denial or receipt of the permit. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal. The appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to be placed in the permit. The effectiveness of the permit shall not be stayed pending reconsideration by the city. If, after considering the petition and any arguments presented by the pretreatment coordinator Chief Plant Operator or Superintendent, the Director of Public Works determines that reconsideration is proper, it shall remand the permit back to the pretreatment department for renewal in conformity with the determination of the Director of Public Works. Those permit provisions being reconsidered by the pretreatment department shall be stayed pending renewal. In the event of permit denial, a request for reconsideration submitted to the Director of Public Works shall be sufficient to initiate the appeal process.
(2) The city's decision not to reconsider a final permit shall be considered final administrative action for purposes of judicial review. Aggrieved parties seeking judicial review of the final city action must do so by filing a complaint with the District Court of Montgomery County, Texas within 30 days.
(Ord. 17-1121, passed 11-21-2017)