(A) Wastewater analysis. If requested by the Director of Utilities, a user shall submit information on the nature and characteristics of its wastewater within 30 days of the request. The Director of Utilities is authorized to prepare a form for this purpose and may periodically require users to update this information.
(B) Individual wastewater discharge permit and general permit requirement.
(1) No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the Director of Utilities, except that a significant industrial user that has filed a timely application pursuant to § 191-04(C) of this chapter may continue to discharge for the time period specified therein.
(2) The Director of Utilities may require users to obtain individual wastewater discharge permits or general permits as necessary to carry out the purposes of this chapter.
(3) Any violation of the terms and conditions of an individual wastewater discharge permit or a general permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the sanctions set out in §§ 191-10 through 191-12 of this chapter. Obtaining an individual wastewater discharge permit or a general permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local laws and regulations.
(C) Individual wastewater discharge and general permitting: existing connections. Any user required to obtain an individual wastewater discharge permit or a general 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 Director of Utilities for an individual wastewater discharge permit or a general permit in accordance with § 191-04
(E) of this chapter, 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 an individual wastewater discharge permit or a general permit issued by the Director of Utilities.
(D) Individual wastewater discharge and general permitting: new connections. Any user required to obtain an individual wastewater discharge permit or a general 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 individual wastewater discharge permit or general permit must be filed at least 90 days prior to the anticipated date upon which any discharge will begin or recommence.
(E) Individual wastewater discharge and general permit application contents.
(1) All users required to obtain an individual wastewater discharge permit or a general permit must submit a permit application. Users that are eligible may request a general permit under § 191-04(E). The Director of Utilities may require users to submit the following information as part of a permit application:
(a) Identifying information.
1. The name and address of the facility, including the name of the operator and owner.
2. 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.
1. 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 such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
2. 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 POTW;
3. Number and type of employees, hours of operation, and proposed or actual hours of operation;
4. Type and amount of raw materials processed (average and maximum per day);
5. 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) Time and duration of discharges;
(e) The location for monitoring all wastes covered by the permit;
(f) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in § 191-02(B)(4) [40 CFR 403.6(e)].
(g) Measurement of pollutants.
1. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Director of Utilities, of regulated pollutants in the discharge from each regulated process.
3. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
4. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 191-06(J). Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the Director of Utilities or the applicable standards to determine compliance with the standard.
5. Sampling must be performed in accordance with procedures set out in § 191-06(K).
(h) 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 § 191-06(D)(2) [40 CFR 403.12(e)(2)].
(i) Any request to be covered by a general permit based on § 191-04(F).
(j) Any other information as may be deemed necessary by the Director of Utilities to evaluate the permit application.
(2) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(F) Wastewater discharge permitting: general permits.
(1) At the discretion of the Director of Utilities, the Director of Utilities may use general permits to control a user’s discharges to the POTW if all facilities to be covered by a general permit:
(a) Involve the same or substantially similar types of operations;
(b) Discharge the same types of wastes;
(c) Require the same effluent limitations;
(d) Require the same or similar monitoring; and
(e) In the opinion of the Director of Utilities, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
(2) To be covered by the general permit, the user must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, any requests in accordance with § 191-06(D)(2) for a monitoring waiver for a pollutant neither present nor expected to be present in the discharge, and any other information the POTW deems appropriate. A monitoring waiver for a pollutant neither present nor expected to be present in the discharge is not effective in the general permit until after the Director of Utilities has provided written notice to the user that such a waiver request has been granted in accordance with § 191-06(D)(2).
(3) The Director of Utilities will retain a copy of the (i) general permit, (ii) documentation to support the POTW’s determination that a specific user meets the criteria in § 191-04(F)(a) through (e) and applicable state regulations, and (iii) a copy of the user’s written request for coverage for three years after the expiration of the general permit.
(4) The Director of Utilities may not control an SIU through a general permit where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the combined wastestream formula (§ 191-02(B)(4)) or net/gross calculations (§ 191-02(B)(5)).
(G) Application signatories and certifications.
(1) All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in § 191-06(N)(1).
(2) If the designation of an authorized representative 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 written authorization satisfying the requirements of this section must be submitted to the Director of Utilities prior to or together with any reports to be signed by an authorized representative.
(3) A facility determined to be a non-significant categorical industrial user by the Director of Utilities must annually submit the signed certification statement in § 191-06(N)(2).
(H) Individual wastewater discharge and general permit decisions. The Director of Utilities shall evaluate the data furnished by the user and may require additional information. Within 45 days of receipt of a complete permit application, the Director of Utilities shall determine whether to issue an individual wastewater discharge permit or a general permit. The Director of Utilities may deny any application for an individual wastewater discharge permit or a general permit.
(Ord. O2019-007, passed 2-6-2019)