(a) Application for Wastewater Discharge Permits.
(1) All significant industrial users proposing to connect to, or discharge into, any part of the XWWTP must first obtain a discharge permit from the City, including the payment of an application fee, as set forth in the City's Fee Schedule, Appendix A to the City Government Code, and any other applicable fees.
(2) All existing significant industrial users connected to, or discharging into, any part of the XWWTP must obtain a wastewater discharge permit and pay any applicable fees within ninety (90) days from and after the effective date of this Chapter.
(3) Permit Application: The Director may require the submission of all or any of the following information as part of a permit application:
A. Identifying Information -
(i) The name and address of the facility, including the name of the operator and owner; and
(ii) Contact information, description of activities, facilities and plant production processes on the premises.
B. Environmental Permits - A list of any environmental control permits held by or for the facility.
C. Description of Operations -
(i) A brief description of the nature, average rate of production, including each product produced by type, amount, processes, and rate of production, and standard industrial classifications of the operation(s) carried out by the user. This description should include a schematic process diagram that indicates points of discharge to the XWWTP from the regulated processes;
(ii) Types of wastes generated and 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 XWWTP;
(iii) Number and type of employees, hours of operation and proposed or actual hours of operation;
(iv) Type and amount of raw materials processed (average and maximum per day); and
(v) 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.
D. Discharge Information - Information of the proposed or current time and duration of all discharges.
E. Flow Measurement - Information showing the measured average daily and maximum daily flow, in gallons per day, to the XWWTP from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula.
F. Measurement of Pollutants -
(i) The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources;
(ii) The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process;
(iii) Instantaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported; and
(iv) The sample shall be representative of daily operations and shall be analyzed in accordance with procedures contained in 40 CFR 136, and amendments thereto. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director or the applicable standards to determine compliance with the standard.
(v) Sampling must be performed in accordance with procedures set out in Section 1016.08 of this Chapter.
G. Monitoring Information -
(i) The location for monitoring all wastes covered by the permit; and
(ii) Any requests for a monitoring waiver, or a renewal of an approved monitoring waiver, for a pollutant neither present nor expected to be present in the discharge based on Section 1016.08 of this Chapter.
H. Other Information - Any other information as may be deemed necessary by the Director to evaluate the permit application.
(4) After evaluation and acceptance of the data furnished, the Director may issue a wastewater discharge permit subject to the terms and conditions provided in divisions (b) and (c) of this section.
(5) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(b) Wastewater Discharge Permit Contents. An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass-through or interference; to protect the quality of the water body receiving the XWWTP's effluent; to protect worker health and safety; to facilitate sludge management and disposal; and/or to protect against damage to the XWWTP. Individual wastewater discharge permits must contain:
(1) A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
(2) A statement that the wastewater discharge permit is nontransferable without prior notification to the Director, in accordance with division (e) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits, including BMPs, based on applicable pretreatment standards;
(4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or BMP) to be monitored, sampling location, sampling frequency and sample type based on Federal, State, and local law;
(5) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 1016.08 of this Chapter;
(6) 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;
(7) Requirements to control slug discharge, if determined by the Director to be necessary; and
(8) Any grant of a monitoring waiver by the Director must be included as a condition in the user's permit.
(c) Wastewater Discharge Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this Chapter and all other State and Federal laws and regulations, other local ordinances, and user charges and fees established by the City. Wastewater discharge permits shall be uniformly enforced in accordance with this Chapter, and/or applicable State and Federal requirements, laws and regulations. Permit conditions may include, but are not limited to, the following:
(1) Limits on rate and time of discharge or requirements for flow equalization;
(2) Requirements for installations of inspection and sampling facilities and specifications for monitoring programs;
(3) Requirements for maintaining and submitting technical reports and plant records relating to wastewater discharges;
(4) Limits on specific pollutants;
(5) Compliance schedules; and/or
(6) Other conditions determined by the Director, in his sole discretion, to be necessary to assure the user's compliance with this Chapter and/or other applicable state and federal laws, rules and regulations.
(d) Duration of Wastewater Discharge Permits. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period 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 a Wastewater Discharge Permit. 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 of the permittee's intent to reassign or transfer the permit. 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 facility's operations and processes, identifies the specific date on which the transfer is to occur, and acknowledges full responsibility for complying with the existing permit.
(f) Termination of Wastewater Discharge Permits. Wastewater discharge permits may be terminated by the Director for any of the following reasons:
(1) Falsifying self-monitoring reports;
(2) Tampering with monitoring equipment;
(3) Refusing to allow the Director, or his authorized representative, timely 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; or
(7) Failure to meet compliance schedules.
(Ord. 2020-20. Adopted 08/27/20; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)