Article V. Individual Wastewater Discharge Permits
13.08.150 Permit—Required—Term—Transfer—Revocation—Completion of an industrial user’s survey required.
A. Permit Application.
1. Industrial users required to obtain a wastewater discharge permit shall complete and file an industrial wastewater discharge permit application with the city within thirty days of receiving a notice to apply. Proposed new IUs shall apply ninety days prior to actual connection to the municipal sewer.
2. In support of its application, the applicant must submit the information requested in the application form issued by the city.
3. The director will evaluate the data furnished by the IU and may require additional information. Incomplete or inaccurate applications will not be processed and will be returned to the IU for revision. After evaluation and acceptance of the information furnished, the director may issue an industrial wastewater discharge permit subject to the terms and conditions provided herein.
4. All industrial wastewater discharge permit applications, IU reports, and certification statements must be signed by an authorized representative of the IU and contain the certification statement set forth in Section 13.08.300.
5. If the designation of an authorized representative is no longer accurate because a different individual or position has assumed responsibility either for the overall operation of the facility or for the overall environmental matters of the company, a new written authorization satisfying the requirements of this section must be submitted to the director prior to, or together with, any reports to be signed by an authorized representative.
6. A denial of a permit application may be appealed pursuant to the procedures in Section 13.08.480.
B. Permit Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, user charges and fees established by the city. The conditions of wastewater discharge permits shall be uniformly enforced by the director in accordance with this chapter, and applicable state and federal regulations. Permit requirements may include but not be limited to the following:
1. A statement that indicates the industrial wastewater discharge permit issuance date, expiration date, and effective date;
2. A statement that the industrial wastewater discharge permit is nontransferable;
3. Effluent limits, which may include numerical limits or best management practices based on applicable pretreatment standards;
4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants or best management practices to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;
5. Requirements to control slug discharges, if determined by the director to be necessary;
6. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
7. 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;
8. 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;
9. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
10. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
11. A statement that compliance with the industrial wastewater 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 wastewater discharge permit;
12. Other conditions as deemed appropriate by the director to ensure compliance with this chapter and state and federal laws, rules, and regulations; and
13. 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.
C. Permit Modification.
1. The director may modify any industrial 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 IU’s operation, processes, or wastewater volume or character since the time of the industrial wastewater discharge permit issuance;
c. To add information indicating that the permitted discharge poses a threat to the city’s POTW, personnel, or the receiving waters;
d. In light of a violation of any terms or conditions of the industrial wastewater discharge permit;
e. In light of misrepresentations or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application or in any required reporting;
f. To correct typographical or other errors in the industrial wastewater discharge permit.
2. An IU shall be informed of any proposed changes in its permit at least thirty calendar days prior to the effective date of the change.
D. Duration of Permits. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than one year or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification and change by the director during the life of the permit as limitations or requirements as identified in this chapter are modified and changed. The user shall be informed of any proposed changes in his or her permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
E. Transfer of a Permit. Wastewater discharge permits are issued to a specific user for a specific operation. An industrial 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; provided, that if in the opinion of the director, the sale or transfer of an operation does not result in a change in use, the permit may be reassigned.
F. Revocation of Permit. Any user who violates any of the conditions of this chapter, or applicable state and federal regulations, or any of the following conditions, is subject to permit revocation:
1. Failure to notify the director of significant changes to the IU’s operations, systems, or wastewater prior to the changed discharge;
2. Misrepresentation or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application;
3. Falsifying self-monitoring reports and certification statements;
4. Tampering with monitoring equipment;
5. Refusing to allow the director timely access to facility premises and records;
6. Failure to meet effluent limitations;
7. Failure to pay fines;
8. Failure to provide advance notice of the transfer of business ownership of a permitted facility;
9. Failure to meet compliance schedules; or
10. Violation of any pretreatment standard or requirement or of any terms of the industrial wastewater discharge permit or of this chapter.
G. Industrial wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All industrial wastewater discharge permits issued to an IU are void upon the issuance of a new industrial wastewater discharge permit to that IU. (Ord. 1598 § 1 (part), 2014)