§ 13-705. Industrial discharge permit system.

(1)

Wastewater discharge permits required. All industrial users proposing to connect to or discharge into any part of the city's wastewater system shall first obtain a discharge permit. Any existing industrial users connected to or discharging to any part of the city's system shall obtain a wastewater discharge permit within ninety (90) days from and after the effective date of this chapter.

(2)

Permit application. Industrial users seeking a wastewater discharge permit shall complete and file with the city an application prepared on the form prescribed by the city and accompanied by an application fee, the amount of which is to be established by the gas, water, and sewer committee. In support of this application, the user shall submit the following information:

(a)

Name, address, and SIC number of the applicant.

(b)

Volume of wastewater being or to be discharged.

(c)

Wastewater constituents and characteristics, including, but not limited to, those set forth in section 13-702 as determined by an approved wastewater analytical laboratory.

(d)

Time and duration of the discharge.

(e)

Average and fifteen-minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any.

(f)

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers and appurtenances by size, location, and elevation.

(g)

Description of activities, facilities, and plant processes on the premises, including all materials and types of materials that are or could be discharged, or other evidence that satisfies the city.

(h)

The type, amount, and rate of production of each product made.

(i)

Number and type of employees and hours of work.

(j)

Any other information the city may deem necessary to evaluate the permit application.

The provisions of this section may be modified to protect patents, trade secrets, or other classified production information, if requested and agreed to by the city.

The city shall evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the city may issue a wastewater discharge permit, subject to terms and conditions provided herein. If a discharge permit is denied, then the applicant may appeal to the hearing authority.

(3)

Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, user charges, and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced in accordance with this chapter and applicable state and federal regulations. Permit conditions shall include the following:

(a)

Payment of all charges and fees when due during permit period.

(b)

The average and maximum wastewater constituents and characteristics.

(c)

Limits on rates and time of discharge or requirements for flow regulation and/or equalization.

(d)

Requirements for installation of inspection and sampling facilities and specifications for monitoring programs.

(e)

Requirements for maintaining and submitting technical reports and plant records related to wastewater discharges.

(f)

Daily average and daily maximum discharge rates or other appropriate conditions when pollutants subject to limitations and prohibitions are proposed or present in the user's wastewater discharge.

(g)

BMPs required by a pretreatment standard, local limits, state, or local law.

(h)

Slug control requirements.

(i)

Compliance schedules.

(j)

Other conditions to ensure compliance with this chapter.

(k)

A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements.

(4)

Duration of permits. Permits shall be issued for a specified time period, not to exceed five (5) years. If the user is not notified by the city one hundred eighty (180) days prior to the expiration of the permit, the permit shall automatically be extended one hundred eighty (180) days from the date of notice. The terms and conditions of the permit may be subject to modification and changed by the city during the life of the permit if the limitations or requirements identified in section 13-702 are modified and/or changed. The permittee shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(5)

Transfer of a permit. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, a new user, different premises, or a new or changed operation.

(6)

Revocation of a permit. Any user who violates any of the conditions of his permit listed below, any provisions of this chapter, or any applicable state or federal regulations is subject to having his permit revoked. Violations subjecting a user to revocation of his permit include, but are not limited to, the following:

(a)

Failure of a user to report the wastewater quantity, constituents, or characteristics accurately.

(b)

Failure of a user to report significant changes in operations or wastewater constituents and characteristics.

(c)

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.

(d)

Violations of conditions of the permit.

(7)

Change of potential for slug discharge. The permit holder must notify the wastewater division manager or his representative immediately if the potential for slug discharge(s) changes.

(8)

Continuing to discharge. Any person who discharges or continues to discharge without a permit is in violation of this chapter and shall be subject to the procedures of section 13-707.

(9)

Significant noncompliance (SNC). Instances of SNC are industrial user violations, which meet one (1) or more of the following criteria:

(a)

Violations of wastewater discharge limits.

(i)

Chronic violations. Sixty-six (66) percent or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as provided in subsection (3);

(ii)

Technical review criteria (TRC) violations. Thirty-three (33) percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as provided in subsection (3), multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(iii)

Other violations of an effluent limit. Any other violation(s) of a pretreatment standard or requirement (daily maximum, average, instantaneous limit, or narrative standard) that the wastewater division manager or his representative determines has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of the POTW personnel or the public;

(iv)

Discharge of a pollutant causing endangerment. Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the publicly owned treatment works (POTW) exercise of its emergency authority to halt or prevent such a discharge.

(v)

Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism of enforcement order for starting construction, completing construction, or attaining final compliance.

(vi)

Failure to provide, within forty-five (45) days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.

(vii)

Failure to accurately report noncompliance.

(viii)

Any other violation or group of violations, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.

(b)

Compliance schedule milestones. Violations of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction, and attaining final compliance by ninety (90) days or more after the schedule date.

(c)

Reports. Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, ninety-day compliance reports, and periodic reports) within thirty (30) days from the due date.

(d)

Failure to accurately report noncompliance.

(e)

Any other violation or group of violations that the city considers to be significant.

(10)

Annual publication of significant violations. The city shall publish, at least annually in the largest daily newspaper circulated in the service area, a description of those industrial users which are found to be in significant noncompliance, as defined in this section, with any provisions of this section or any permit or order issued hereunder during the period since the previous publication.

(11)

Notification of changed discharge. All industrial users shall promptly notify the wastewater division manager or his representative in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed wastes for which the industrial user has submitted initial notification.

(12)

Any submitted information that is claimed to be confidential must be stamped with the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, it will become public information without further notice.

(13)

The POTW is responsible for developing and enforcing limits to implement the prohibitions listed in section 13-702.

( Ord. No. 41-2016-17 , § 1, 1-5-17)