§ 41-36. Wastewater discharge permit issuance process.

(a)

Wastewater survey. When requested by the city, an industrial user shall submit information on the nature and characteristics of its wastewater by completing a wastewater survey prior to commencing its discharge and shall update the survey when the director requests it to do so. Failure to complete or update this survey is reasonable grounds for terminating water service to the industrial user and is a violation.

(b)

Comply with conditions. An industry that obtains a wastewater discharge permit shall comply with all conditions and terms specified in its permit and with all applicable laws. Failure to do so is a violation and is justification for revoking the industry's wastewater discharge permit.

(c)

Wastewater discharge permit duration. All user permits shall expire within three (3) years of the issue date.

(d)

Permit non-transferable. Discharge permits are not transferable to another person or industry.

(e)

Wastewater discharge permit contents. A wastewater discharge permit includes such conditions as are deemed reasonably necessary by the director to prevent the introduction of pollutants into the POTW that will interfere with its operation, to prevent the introduction of pollutants into the POTW that will pass through the POTW, inadequately treated, into receiving waters, or otherwise be incompatible with the POTW, protect the quality of the water body receiving the treatment plant's effluent, protect both POTW personnel who may be affected by wastewater and sludge in the course of their employment and the general public, facilitate sludge management and disposal, and protect against damage to the POTW.

(1)

Each wastewater discharge permit contains:

a.

A statement that the wastewater discharge permit duration is three (3) years:

b.

A statement that the wastewater discharge permit is non-transferable;

c.

Effluent limits based on applicable pretreatment standards;

d.

Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and

e.

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.

(2)

Wastewater discharge permits may contain the following conditions:

a.

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

b.

Requirements for the 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;

c.

Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non routine discharges;

d.

Requirements for development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

e.

Requirements for installation and maintenance of inspection and sampling facilities and equipment;

f.

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and

g.

Other conditions required by the director.

(f)

Wastewater discharge permit modifications. The director may modify a wastewater discharge permit at any time:

(1)

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(2)

To address significant alterations or additions to the users operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance;

(3)

To accommodate a change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(4)

Because of information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters;

(5)

Because of violation of any terms or conditions of the wastewater discharge permit;

(6)

Because of the permittee's misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(7)

To revise or a grant a variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

(8)

To correct typographical or other errors in the wastewater discharge permit; and

(9)

For any other good cause.

(g)

Wastewater discharge permit revocation. The director may revoke a wastewater discharge permit for the permittee's:

(1)

Failure to notify the director of significant changes to the wastewater prior to the changed discharge;

(2)

Failure to provide prior notification to the director of changed conditions pursuant to this chapter;

(3)

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(4)

Falsification of a self-monitoring, semi-annual, or any other report required by the director;

(5)

Tampering with monitoring equipment;

(6)

Refusal to allow the director timely access to the facility premises and records;

(7)

Failure to meet effluent limitations;

(8)

Failure to pay fines;

(9)

Failure to pay sewer charges;

(10)

Failure to meet compliance schedules;

(11)

Failure to complete a wastewater survey or the wastewater discharge permit application;

(12)

Failure to provide advance notice of the transfer of business ownership of a permitted facility;

(13)

Violation of any pretreatment standard or requirement or of any term of the wastewater discharge permit or of any section of this chapter; or

(14)

Failure to maintain appropriate records.

(15)

Failure to provide a required monitoring manhole and/or failure to provide twenty-four-hour unrestricted access to a required monitoring manhole.

(h)

Wastewater discharge permits are voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

(i)

Wastewater discharge permit re-issuance. A user with an expiring wastewater discharge permit shall apply for a new wastewater discharge permit by submitting a complete permit application in compliance with this article within the time limit specified in the renewal notice sent by the director. The permit may be renewed only after the following requirements have been met:

(1)

The permittee proves that it is currently in compliance with the effluent standards and other requirements set forth in this chapter;

(2)

If the permittee is not in compliance with the effluent standards of this chapter it has established a compliance schedule approved by the director and it is in compliance with this schedule; and

(3)

The permittee has paid the renewal fee established by the director annually and adopted in the budget.

(Ord. No. 8140, § 1, 3-20-03)