(A) Discharge requirements.
(1) When requested by the city, an IU discharging or proposing to discharge industrial or commercial wastewater into any public sewer to the city system shall first apply for an industrial wastewater discharge permit, hereafter called “discharge permit” from the city.
(2) This discharge permit is required in addition to the commercial connection permit required for sanitary/domestic discharge.
(3) It is a violation of this sub-chapter for any IU to discharge non-domestic wastewater into the system if an application has been requested and a permit has not be issued.
(B) Application for discharge permit. Application for a discharge permit shall to made to the city on a city-approved format. Unless a specific exemption is granted in writing by the city, no discharge of non-domestic wastewater from the facility shall be allowed nor shall a permit be issued unless all conditions and provisions of this sub-chapter are met. A new application shall be required whenever federal categorical standards apply to a discharge, or when an SIU proposes a substantial change in its discharge. An application shall include a “baseline monitoring report” described in §51.094 (D), where applicable.
(C) Application time frame. Proposed new IUs shall apply for a discharge permit at least 90 days prior to the date that the discharge is proposed to commence. Additional data, information and drawings may be requested before a discharge permit is issued. The permit applicant shall promptly provide all requested information to the city.
(D) Hazardous waste compliance. Any industrial user who commences discharging after August 23, 1990, shall provide written notification in accordance with 40 CFR 403.120 of the discharge of any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261.
(E) Certification. All applications, reports and information submitted to the City shall be signed and certified in accordance with 40 CFR 403.12(l). Any reports required in this sub-chapter and any other documents required to be submitted to the city or maintained by the industrial user shall be subject to applicable civil and criminal provisions of the city's rules and regulations, state law relating to fraud and false statements. In addition, the industrial user shall be subject to:
(1) The provisions of 18 USC Section 1001 relating to the fraud and false statements;
(2) The provisions of Sections 309(c)(4) of the Clean Water Act, governing false statements; and
(3) The provision of Section 309(c)(6) of the Act regarding responsible corporate officers.
(F) Application/permit evaluation period. The city will evaluate the application and may require additional information. Within 60 days of receipt of a complete permit application, the city will determine whether or not to issue a wastewater permit. If no determination is made within this time period, the application will be deemed denied.
(G) Application/permit rejection. If any waters or wastes are discharged or are proposed to be discharged to the city's sewer system, which contain the substances or possess the characteristics enumerated in other sections of this sub-chapter, and which in the judgment of the city, may have a deleterious effect upon the system, or which otherwise create a hazard to life, worker safety or constitute a public nuisance, the city may take any of the following actions:
(1) Reject the wastes;
(2) Require pretreatment to an acceptable condition prior to discharging to the system;
(3) Require control over the quantities and rates of discharge; or
(4) Require payment to cover the added cost of handling and treating the wastes not converted by existing taxes or sewer charges under the provisions of §51.096 of this chapter.
(H) Compliance schedules. The city may require compliance schedules in any permit to ensure that the appropriate technology is installed in a time period acceptable to the city.
(I) Permit contents. Wastewater discharge permits shall contain at a minimum the conditions of 40 CFR 403.8 (f)(1)(iii)(A)-(E). In addition, permits may contain the following:
(1) Fees and charges to be paid upon initial permit issuance;
(2) Limits on average and maximum rates and time of discharge and requirements for flow regulations and equalization;
(3) Requirements for installation and maintenance of inspection and sampling facility compatible with facilities of the city;
(4) Compliance schedules;
(5) Requirements for submission of special technical reports or discharge reports where the same differ from those prescribed by this sub-chapter; and
(6) An effective date and expiration date of the permit.
(J) Right of revision or permit modification. The city reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance by the city with applicable laws and regulations. Upon promulgation, a new federal categorical standard for a particular industrial subcategory, if more stringent than the limits established under the city's current rules and regulations, will supersede the local standard. Permits will be modified as soon as possible subsequent to a change in the federal requirements. The city shall notify the user of any proposed changes in its permit prior to the effective date of the change.
(K) Permit duration and property interest acquired. All wastewater discharge permits shall be issued for an initial period not to exceed five years as determined by the city. All permits are subject to amendment, revocation, suspension or termination as provided in these rules. No user acquires any property interest by virtue of permit approval. Continued approval is expressly contingent upon compliance with all applicable federal, state and location requirements.
(L) Limitations on permit transfer. Wastewater discharge permits are issued to specific user for a specific operation and are not assignable to another user or transferable to an other person or location without the prior written approval of the city. If a permitted industry facility is sold, the seller shall provide a copy of the existing discharge permit to the new owner or operator.
(M) Wastewater discharge permit revocation. Wastewater discharge permits may be revoked for any of the following reasons:
(1) Failure to notify the city of significant changes to the wastewater prior to the changed discharge;
(2) Falsifying self-monitoring reports or other required reports;
(3) Tampering with monitoring equipment or sample;
(4) Refusing to allow the city timely access to the facility premises or records;
(5) Failure to meet effluent limitations;
(6) Failure to pay fines, penalties or sewer service charges;
(7) Failure to meet compliance schedules;
(8) Failure to complete a wastewater survey;
(9) Failure to provide advance notice of the transfer of a permitted facility; or
(10) Violation of any pretreatment standard or requirement or any terms of the permit or the sub-chapter.
(N) Voiding permits. Permits shall be voided upon non-use or cessation of operations for a period of two years or longer, transfer of business ownership or upon issuance of a new wastewater discharge permit replacing a previous permit.
(Ord. 1941, passed 11-24-97) Penalty, see §51.999