§ 41-35. Wastewater discharge permit application.

(a)

Time and method of compliance. A person commits an offense if he or she discharges any waste prohibited by this chapter into any sanitary sewer without first obtaining a discharge permit and following its requirements.

(b)

Wastewater analysis. When requested by the director, a user shall submit information on the nature and characteristics of its wastewater by the deadline stipulated. The director may prepare a form for this purpose and may periodically require users to update this information.

(c)

Wastewater discharge permit requirement. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the director. It is an affirmative defense to this section that a significant industrial user has filed a timely application pursuant to this chapter. The director may require other users to obtain wastewater discharge permits as necessary.

(d)

It is unlawful for any person to violate the terms and conditions of a wastewater discharge permit. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other applicable law.

(e)

Wastewater discharge permitting new connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW shall obtain a permit prior to beginning or recommencing the discharge.

(f)

Permits after effective date of ordinance shall meet certain conditions. A person wishing to obtain or renew a permit for discharge of industrial waste after the effective date of this chapter shall:

(1)

Submit an application which is a sworn, notarized document on a form issued by the director;

(2)

Update this document if and when any information contained within it changes, within ten (10) days of that change;

(3)

Install pretreatment facilities and/or flow-regulating devices approved by the director;

(4)

Provide a sampling point approved by the director;

(5)

Submit estimated amount and strength of any wastes;

(6)

Submit all information required by the director;

(7)

Pay the permit fee established by the director annually and adopted in the budget;

(8)

Demonstrate the capability to establish a self-monitoring and reporting program at its own expense.

(g)

Wastewater discharge permit application contents. Each user required to obtain a wastewater discharge permit shall submit a permit application containing the following information:

(1)

Name(s) and title(s) of the individual(s) representing an industry or corporation who have legal responsibility for insuring compliance with federal, state, and local laws;

(2)

Business address and phone number of the legally responsible individual(s);

(3)

Home address and phone number of the legally responsible individual(s);

(4)

A certified statement that the above named individual(s) is/are responsible for insuring compliance with all appropriate federal, state and local laws;

(5)

A recent color photograph and a copy of the driver's license of the legally responsible individual(s);

(6)

Names and addresses of the industry's registered agent and of its president and vice-president if it is a corporation;

(7)

Names and addresses of the industry's high managerial agents, if it is not a corporation;

(8)

All information required by this chapter;

(9)

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;

(10)

Number of employees, hours of operation, and proposed or actual hours of operation;

(11)

Each product produced by type, amount, process or processes, and rate of production;

(12)

Type and amount of raw materials processed (average and maximum per day);

(13)

For new construction, 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; for an existing building if the information is available;

(14)

Time and duration of discharges; and

(15)

Any other information requested by the director.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(h)

Application signatories and certification. An authorized representative of the user shall sign all wastewater discharge permit applications and user reports beneath the following certification statement:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in compliance 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 fine and imprisonment for knowing violations."

(i)

Wastewater discharge permit decisions. The director will evaluate the data furnished by the user and may require additional information. Within sixty (60) days of receipt of a complete and accurate wastewater discharge permit application, the director will determine whether or not to issue a wastewater discharge permit. The director may deny any application for a wastewater discharge permit.

(Ord. No. 8140, § 1, 3-20-03)