§ 5.10.110. Wastewater discharge permits.

(a)

General Permits. All significant users proposing to connect to or to contribute to the POTW shall obtain a wastewater discharge permit before connecting to or contributing to the POTW.

(b)

Permit Application. Users required to obtain a wastewater discharge permit shall complete and file with the director a baseline monitoring report in the form prescribed. Proposed new users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. In support of the report, the user shall furnish to the director the information necessary for evaluation of the user's discharge. The user may be required to produce the following information:

(1)

Name and address of the facility, including the name of the operator and owners;

(2)

SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;

(3)

Wastewater constituents and characteristics including, but not limited to, those mentioned in Section 5.10.020 as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;

(4)

Time and duration of contribution;

(5)

Average daily and three minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

(6)

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;

(7)

Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;

(8)

Where known, the nature and concentration of any pollutants in the discharge which are limited by the city, state or federal pretreatment standards, and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

(9)

If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.

The following conditions shall apply to this schedule:

(A)

The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.).

(B)

No increment referred to in subdivision (A) of this subdivision shall exceed nine months.

(C)

Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the director, including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the director;

(10)

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

(11)

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

(12)

Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;

(13)

Any other information as may be deemed by the director to be necessary to evaluate the permit application.

(c)

Application Signatories and Certification. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user:

 I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance 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.

(d)

Wastewater Discharge Permit Decisions. The director will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the director may issue a wastewater discharge permit subject to terms and conditions provided herein.

(e)

Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other applicable regulations, user charges and fees established by 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 community sewer;

(2)

Limits on the average and maximum wastewater constituents and characteristics;

(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)

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

(6)

Compliance schedules;

(7)

Requirements for submission of technical reports or discharge reports;

(8)

Requirements for affording city representatives access to plant records relating to wastewater discharge and for maintaining and retaining such records for three years, or longer in the case of unresolved litigation or at the request of the state or EPA;

(9)

Requirements for notification and approval of the director prior to any new introduction of wastewater constituents or substantial change in the volume or characteristic of the wastewater constituents being introduced into the wastewater treatment system, including the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12(p);

(10)

Requirements for notification of slug discharges as per Section 5.10.120(e);

(11)

Other conditions as deemed appropriate by the director to ensure compliance with this chapter.

(f)

Permit Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period not less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of ninety (90) days prior to the expiration of the user's existing permit.

(g)

Permit Modification. The terms and conditions of the permit may be subject to modification by the director during the term of the permit as limitations or requirements identified in Section 5.10.020 are modified or other just cause exists. The user shall be informed of any proposed changes in his or her 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.

(h)

Right to Appeal Permit Provisions. Users who have been issued a wastewater discharge permit shall have the right to challenge or appeal specific provisions of the permit which they believe are contrary to law or an unreasonable exercise of the city's discretion under that law for a period of thirty (30) days following the effective date of the permit. Failure to exercise this right to appeal within the allotted time shall be deemed a waiver by the permittee of his or her right to challenge the terms of the permit.

(i)

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 prior written notification to the director and the provision of a copy of the existing wastewater discharge permit to the new owner or user. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.

(Ord. 5123 § 2 (part), 1993).

(Ord. No. 6227, § 6, 3-9-2015).