§ 25-211. Individual wastewater discharge permit and general permit issuance process.

(a)

Individual wastewater discharge and general permit duration. An individual wastewater discharge permit or a general permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit or a general permit may be issued for a period less than five (5) years, at the discretion of the control authority. Each individual wastewater discharge permit or a general permit will indicate a specific date upon which it will expire.

(b)

Individual wastewater discharge permit and general permit contents. An individual wastewater discharge permit or a general permit shall include such conditions as are deemed reasonably necessary by the control authority to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, protect the public, facilitate sludge management and disposal, and protect against damage to the POTW.

(1)

Individual wastewater discharge permits and general permits must contain:

a.

A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

b.

A statement that the wastewater discharge permit is nontransferable without prior notification to the control authority in accordance with section 25-211(e) of this division, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

c.

Effluent limits, including best management practices, based on applicable pretreatment standards;

d.

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

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;

f.

Requirements to control slug discharge, if determined by the control authority to be necessary.

(2)

Individual wastewater discharge permits or general permits may contain, but need not be limited to, 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 nonroutine discharges;

d.

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

e.

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

f.

Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

g.

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;

h.

Other conditions as deemed appropriate by the control authority to ensure compliance with this division, and state and federal laws, rules, and regulations; and

i.

A licensed wastewater operator as deemed necessary on duty at all times of treatment and discharge of regulated wastewater discharge to the city's collection system (per section 25-208(b)(7)).

(c)

Permit appeal process. A permittee may petition the control authority to reconsider the terms of a wastewater discharge permit or a general permit within thirty (30) days of notice of issuance of the discharge permit.

(1)

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(2)

In its petition, the appealing party must indicate the individual wastewater discharge permit or a general permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the individual wastewater discharge permit or a general permit.

(3)

The effectiveness of the individual wastewater discharge permit or a general permit shall not be stayed pending the appeal.

(4)

If the control authority fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an individual wastewater discharge permit or a general permit, not to issue an individual wastewater discharge permit or a general permit, or not to modify an individual wastewater discharge permit or a general permit shall be considered final administrative actions for purposes of judicial review.

(d)

Permit modification.

(1)

The control authority may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

a.

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

b.

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

c.

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

d.

Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, the receiving waters or to the POTW's beneficial use of biosolids;

e.

Violation of any terms or conditions of the individual wastewater discharge permit;

f.

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

g.

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

h.

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

i.

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with section 25-211(e).

(2)

The control authority may modify a general permit for good cause, including, but not limited to, the following reasons:

a.

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

b.

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

c.

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

d.

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with section 25-211(e).

(e)

Individual wastewater discharge permit and general permit transfer. 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 thirty (30) days advance notice to the control authority and the control authority approves the individual wastewater discharge permit or the general permit coverage transfer. The notice to the control authority 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 or general 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)

Individual wastewater discharge permit and general permit revocation. The control authority may revoke an individual wastewater discharge permit or coverage under a general permit for good cause, including, but not limited to, the following reasons:

(1)

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

(2)

Failure to provide prior notification to the control authority of changed conditions pursuant to section 25-212(e) of this division;

(3)

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

(4)

Falsifying self-monitoring reports and certification statements;

(5)

Tampering with monitoring equipment;

(6)

Refusing to allow the control authority 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; or

(13)

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the general permit or this division.

Individual wastewater discharge permits or coverage under general permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits or general permits issued to a user are void upon the issuance of a new individual wastewater discharge permit or a general permit to that user.

(g)

Individual wastewater discharge permit and general permit reissuance. A user with an expiring individual wastewater discharge permit or general permit shall apply for individual wastewater discharge permit or general permit reissuance by submitting a complete permit application, in accordance with section 25-210(e) of this division, a minimum of ninety (90) days prior to the expiration of the user's existing individual wastewater discharge permit or general permit.

(h)

Regulation of waste received from other jurisdictions.

(1)

If another municipality, or user located within another municipality, contributes wastewater to the POTW, the control authority shall enter into an intermunicipal agreement with the contributing municipality.

(2)

Prior to entering into an agreement required by subsection (1), above, the control authority shall request the following information from the contributing municipality:

a.

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

b.

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

c.

Such other information as the control authority may deem necessary.

(3)

An intermunicipal agreement, as required by subsection (1), above, shall contain the following conditions:

a.

A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this division and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in section 25-207(c) of this division. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city's ordinance or local limits;

b.

A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

c.

A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit or general permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the control authority; and which of these activities will be conducted jointly by the contributing municipality and the control authority;

d.

A requirement for the contributing municipality to provide the control authority with access to all information that the contributing municipality obtains as part of its pretreatment activities;

e.

Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

f.

Requirements for monitoring the contributing municipality's discharge;

g.

A provision ensuring the control authority access to the facilities of Users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the control authority; and

h.

A provision specifying remedies available for breach of the terms of the intermunicipal agreement.

(Ord. No. 27-16, § 1(Att.), 4-19-16)