§ 30.06. Industrial User Discharge Permit Issuance Process.

1.1.

Industrial User Discharge Permit Duration. An Industrial User Discharge Permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An Industrial User Discharge Permit may be issued for a period less than five (5) years, at the discretion of the Director of Public Works. Each Industrial User Discharge Permit will indicate a specific date upon which it will expire. If an Industrial User Discharge Permit is issued for less than five (5) years, then it may be extended at the discretion of the Director of Public Works as long as the full five (5) year term is not exceeded.

2.

Industrial User Discharge Permit Contents. An Industrial User Discharge Permit shall include such conditions as are deemed reasonably necessary by the Director of Public Works to prevent pass through or interference, protect the quality of the receiving water, the WRF's effluent or reclaimed water, protect worker health and safety, facilitate biosolids management and disposal, and protect against damage to the POTW.

(a)

Industrial User Discharge Permits shall contain:

(i)

A statement that indicates the Industrial User Discharge Permit duration, which in no event shall exceed five (5) years;

(ii)

A statement that the Industrial User Discharge Permit is nontransferable without prior written notification to the City in accordance with Section 30.06(5) of this Chapter, and provisions for furnishing the new owner or operator with a copy of the existing Industrial User Discharge Permit;

(iii)

Effluent limits based on applicable pretreatment standards;

(iv)

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

(v)

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; and

(vi)

A statement that compliance with the Industrial User 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 Industrial User Discharge Permit.

(b)

Industrial User Discharge Permits may contain, but need not be limited to, the following conditions:

(i)

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

(ii)

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;

(iii)

Requirements for the development and implementation of accidental discharge/slug control plan, spill containment plant or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

(iv)

Requirements for the development and implementation of a Pollution Prevention Plan and a Best Management Practices Plan for the handling of the user's waste stream(s) and the minimization/ prevention of introducing pollutants into the discharge to the POTW;

(v)

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

(vi)

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

(vii)

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

(viii)

Requirements for closure activities following cessation of operations by the user at the facility, including the notification of the Director of Public Works, proper mothballing of the pretreatment facilities, authorized City personnel performing a final facility inspection and completion of the applicable forms;

(ix)

Other conditions as deemed appropriate by the Director of Public Works to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations.

3.1.

Industrial User Discharge Permit Appeals. The applicant (user) may petition the Director of Public Works to reconsider the denial of an Industrial User Discharge Permit or the terms of an Industrial User Discharge Permit within ten (10) days of receipt of the notice of denial of the permit or the permit as applicable.

(a)

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

(b)

In its petition, the appealing party must indicate the reasons for its objection to the Permit denial or the Industrial User Discharge Permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the Industrial User Discharge Permit.

(c)

The effectiveness of the Industrial User Discharge Permit shall not be stayed pending the appeal.

(d)

If the Director of Public Works fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an Industrial User Discharge Permit, not to issue an Industrial User Discharge Permit, or not to modify an Industrial User Discharge Permit shall be considered final administrative actions for purposes of judicial review. This determination can be appealed as described in Section 30.11(10) of this Chapter.

4.1.

Industrial User Discharge Permit Modifications.

(a)

The Director of Public Works may modify an Industrial User Discharge Permit for good cause, including, but not limited to, the following reasons:

(i)

To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;

(ii)

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of Industrial User Discharge Permit issuance;

(iii)

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

(iv)

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

(v)

Violation of any terms or conditions of the Industrial User Discharge Permit;

(vi)

Misrepresentations or failure to fully disclose all relevant facts in the Industrial User Discharge Permit application or in any required reporting;

(vii)

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

(viii)

To correct typographical or other errors in the Industrial User Discharge Permit; or

(ix)

To reflect a transfer of the facility ownership or operation to a new property owner or operator.

(b)

Permit holders shall be informed of any proposed changes in their respective Permits at least thirty (30) days prior to the effective date of change, and shall be allowed a comment period relating to any of the proposed changes in their permits within the first ten (10) days after issuance of such proposed change by the City. The City shall allow a discharger a reasonable period of time to comply with any changes in the permit required by the City, unless otherwise required by emergency or governmental regulations. The permit holder may petition the City for modification of permit based on changed conditions. The Director of Public Works shall review such petitions with such supporting data, as he deems necessary and take appropriate action.

5.1.

Industrial User Discharge Permit Transfer.

(a)

Industrial User Discharge Permits may be transferred to a new property owner or operator only if the permittee gives at least thirty (30) days advanced written notice to the Director of Public Works and the Director of Public Works approves the Industrial User Discharge Permit transfer. The notice to the Director of Public Works must include a written certification by the new property owner or operator which:

(i)

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

(ii)

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

(iii)

Acknowledges full responsibility for complying with the existing Industrial User Discharge Permit; and

(iv)

Includes the signature of the authorized representative of the new property owner (user) and/or operator and the certification statement in Section 30.05(6) of this Chapter.

(b)

Failure to provide advanced written notice of a transfer of ownership shall render the Industrial User Discharge Permit void as of the date of facility transfer.

6.1.

Industrial User Discharge Permit Revocation.

(a)

The Director of Public Works may revoke an Industrial User Discharge Permit, as issued pursuant to the provisions of this Chapter, for good cause as defined by, including, but is not limited to, the following reasons:

(i)

Violation of any pretreatment standard or requirement or any terms of the Industrial User Discharge Permit;

(ii)

The discharge of industrial wastewater which causes or contributes to any violation of the provisions in this Chapter;

(iii)

Failure to notify the Director of Public Works of significant changes in the character and volume of the wastewater prior to the flow being discharged;

(iv)

Failure to provide prior written notification to the Director of Public Works of changed conditions pursuant to Section 30.07(5) of this Chapter;

(v)

Misrepresentation or failure to fully disclose all relevant facts in the Industrial User Discharge Permit application;

(vi)

Falsifying self-monitoring reports;

(vii)

Tampering with monitoring equipment;

(viii)

Refusing to allow the Director of Public Works timely access to the facility premises and records;

(ix)

Failure to meet effluent limitations;

(x)

Failure to pay fines or penalties;

(xi)

Failure to pay sewer charges or assessments;

(xii)

Failure to meet compliance schedules;

(xiii)

Failure to complete a wastewater survey or the Industrial User Discharge Permit application;

(xiv)

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

(xv)

Issuance of a new Industrial User Discharge Permit; or

(xvi)

A discharge which, in the opinion of the Director of Public Works, may interfere with the operation or maintenance of the POTW or threaten human health or safety.

(b)

Industrial User Discharge Permits shall be void upon cessation of operations or failure to notify the Director of Public Works of a transfer of business ownership. All Industrial User Discharge Permits issued to a particular user are void upon the issuance of a new Industrial User Discharge Permit to that user.

7.1.

Industrial User Discharge Permit Reissuance.

(a)

A user with an expiring Industrial User Discharge Permit shall apply for an Industrial User Discharge Permit reissuance by submitting a complete permit application, in accordance with Section 30.06 of this Chapter, at least sixty (60) days prior to the expiration date of the user's existing Industrial User Discharge Permit.

(b)

A request for extending (changing) the expiration date of the Industrial User Discharge Permit, if issued initially with a duration of less than five (5) years, shall be submitted to the Director of Public Works thirty (30) days prior to the current expiration date.

8.1.

Jurisdictional Agreements and Special Arrangements.

(a)

If another government or user contributes wastewater to the POTW, the City shall enter into an agreement with the contributing government.

(b)

Prior to entering into an agreement required by paragraph (a) above, the Director of Public Works shall request the following information from the contributing government:

(i)

A description of the characteristics and volume of wastewater discharged to the POTW by the contributing government;

(ii)

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

(iii)

Such other information as the Director of Public Works may deem necessary.

(c)

An agreement, as required by paragraph (a) above, shall contain the following conditions:

(i)

A requirement for the contributing government to adopt a sewer use ordinance which is at least as stringent as the terms and conditions in this Chapter, and local pollutant limits which are at least as stringent as detailed in Section 30.03 (3) of this Chapter. The requirement shall specify that such limits must be revised as necessary to reflect changes made to the City's Sewer Use Chapter or local limits;

(ii)

A requirement for the contributing government to submit a revised user inventory on at least a biannual basis;

(iii)

A provision specifying which pretreatment implementation activities, including Industrial User Discharge Permit issuance, inspection and sampling, and enforcement, shall be conducted by the contributing government; which of these activities shall be conducted by the Director of Public Works; and which of these activities shall be conducted jointly by the contributing government and the Director of Public Works;

(iv)

A requirement for the contributing government to provide the Director of Public Works with access to all information that the contributing government obtains as part of its pretreatment activities;

(v)

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

(vi)

Requirements for monitoring the contributing government's discharge;

(vii)

A provision ensuring the Director of Public Works access to the facilities of users located within the contributing government's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties as deemed necessary by the Director of Public Works; and

(viii)

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

9.

Special Arrangements.

(a)

Nothing in this Chapter shall be construed to prevent the City from entering into any special arrangement or agreement with any user of the POTW to accept wastewater of unusual strength or character and specially treated wastes subject to any payment of user changes or consideration thereof as may be applicable.

(b)

Nothing in Sections 30.18 through 30.20 of this Chapter concerning rates and fees shall restrict the City Council's authority to modify such rates and fees by special contractual agreement to serve major institutional, commercial or industrial establishments, or a major complex of such users.

(c)

Any special arrangement or agreement shall not be transferable without approval of the City Council.

(Ord. of 6-12-2000, § 2, Doc. #33005)