§ 25-89. Individual wastewater discharge permit [and general permit.

Within ninety (90) days of receipt of a complete permit application, the superintendent will determine whether to issue an individual wastewater discharge permit or a general permit. The superintendent may deny any application for an individual wastewater discharge permit or a general permit.

(a)

Permit conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the POTW and/or the city. Permits may contain the following:

(1)

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a POTW;

(2)

Limits on the average and maximum wastewater constituents and characteristics including best management practices;

(3)

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

(4)

Requirements for installation and maintenance of inspection and sampling facilities;

(5)

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

(6)

Specifications for monitoring programs which shall include an identification of pollutants (or best management practices) to be monitored, and may include sampling locations, frequency of sampling, number and types of samples, standards for tests and reporting schedules;

(7)

The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with paragraph 25-91(c)(4);

(8)

Any applicable compliance schedule;

(9)

Requirements for submission of technical reports or discharge reports (see section 25-91);

(10)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the superintendent, and affording the POTW and the city access thereto;

(11)

Requirements for notification of the POTW of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;

(12)

Requirements to control slug discharges and for notification of slug discharges pursuant to section 25-79; and

(13)

Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements;

(14)

A statement of duration;

(15)

A statement of nontransferability without prior notification to the POTW and provision of a copy of the permit to the new owner or operator;

(16)

Any grant of the monitoring waiver by the superintendent (paragraph 25-91(c)(4));

(17)

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;

(18)

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

(19)

A statement that compliance with the individual wastewater discharge permit or the general 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 individual wastewater discharge permit or the general permit;

(20)

Other conditions as deemed appropriate by the city or POTW to ensure compliance with this article, and the accomplishment of its objectives; and

(21)

Requirements for the user to notify the POTW within twenty-four (24) hours upon discovery of discharge violations and to resample and submit results to the POTW within thirty (30) days.

(b)

Permit duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date or the occurrence of an event. The user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit.

(c)

Modification of individual wastewater discharge permit. The superintendent may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(1)

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

(2)

To address significant alterations or additions to the user's operation, processes or wastewater volume or character since issuance of the individual wastewater discharge permit;

(3)

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

(4)

Information indicating that the permitted discharge poses a threat to the POTW, POTW personnel or the receiving waters;

(5)

Violation of any term or condition of the individual wastewater discharge permit;

(6)

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(7)

Revision of or grant of a variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

(8)

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

(9)

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with subsection 25-89(e).

(d)

Modification of general permit. The superintendent may modify a general permit for good cause, including, but not limited to, the following reasons:

(1)

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

(2)

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

(3)

To correct typographical or other errors in the general permit; or

(4)

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with subsection 25-89(e).

(e)

Permit transfer. 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, new user, different premises, or a new or changed operation without the approval of the superintendent. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

Individual wastewater discharge permits or coverage under general permits may be transferred to a new owner or operator only if the permittee gives at least ninety (90) days advance notice to the superintendent and the superintendent approves the individual wastewater discharge permit or the general permit coverage transfer. The written transfer notification to the superintendent must include a written certification by the new owner or operator which:

(1)

States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

(2)

Identifies the specific date on which the transfer is to occur; and

(3)

Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.

Failure to provide advance notice of a transfer renders the individual wastewater discharge permit or coverage under the general permit void as of the date of facility transfer.

(f)

Change of discharge. The permittee shall give written notice to the superintendent ninety (90) days prior to any facility, production, or process modifications which result in changed volume or nature of the discharge. The filing of a request by the permittee for a permit modification, revocation and reissue, or termination, or a modification of planned changes or anticipated noncompliance, does not stay any permit conditions.

(Ord. No. 12-1700-936, § 1, 10-2-12)

(Ord. No. 12-1700-936, § 1, 10-2-12)