[R.O. 2011 § 710.220; Ord. No. 17-184 § 1, 9-20-2017]
A wastewater discharge permit shall
be issued for a specified time period, not to exceed five (5) years
from the effective date of the permit. A wastewater discharge permit
may be issued for a period less than five (5) years, at the discretion
of the Director of Public Works. Each wastewater discharge permit
will indicate a specific date upon which it will expire.
[R.O. 2011 § 710.230; Ord. No. 17-184 § 1, 9-20-2017]
A.
A wastewater 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 water body receiving the treatment plant's effluent,
protect worker health and safety, facilitate sludge management and
disposal, and protect against damage to the POTW.
1.
Wastewater discharge permits must
contain:
a.
A statement that indicates wastewater
discharge permit issuance date, expiration date and effective date;
b.
A statement that the wastewater discharge permit is non-transferable without prior notification to the City in accordance with Section 710.260 of this Chapter 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 Director of Public Works to be necessary.
2.
Wastewater discharge 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 non-routine 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 discharge to
the POTW;
f.
Requirements for installation and
maintenance of inspection and sampling facilities and equipment, including
flow measuring devices;
g.
A statement that compliance with
the 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 wastewater discharge permit; and
h.
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.
[R.O. 2011 § 710.240; Ord. No. 17-184 § 1, 9-20-2017]
A.
The Director of Public Works shall provide
public notice in a newspaper of general circulation within the City
of the issuance of a wastewater discharge permit. Any person, including
the User, may petition the Director of Public Works to reconsider
the terms of a wastewater discharge permit within thirty (30) days
of notice of its issuance.
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 wastewater discharge permit provisions objected
to, the reasons for this objection, and the alternative condition,
if any, it seeks to place in the wastewater discharge permit.
3.
The effectiveness of the wastewater
discharge permit shall not be stayed pending the appeal.
4.
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 a wastewater discharge
permit, not to issue a wastewater discharge permit, or not to modify
a wastewater discharge permit shall be considered final administrative
actions for purposes of judicial review.
[R.O. 2011 § 710.250; Ord. No. 17-184 § 1, 9-20-2017]
A.
The Director of Public Works may modify
a wastewater discharge permit for good cause, including, but not limited
to, the following reasons:
1.
To incorporate any new or revised
Federal, State or local Pretreatment Standards or Requirements;
2.
To address significant alterations
or additions to the User's operation, processes, or wastewater volume
or character since the time of wastewater discharge permit issuance;
3.
A change in the POTW that requires
either a temporary or permanent reduction or elimination of the authorized
discharge;
4.
Information indicating that the permitted
discharge poses a threat to the City's POTW, POTW personnel, or the
receiving waters;
5.
Violation of any terms or conditions
of the wastewater discharge permit;
6.
Misrepresentations or failure to
fully disclose all relevant facts in the wastewater discharge permit
application or in any required reporting;
7.
Revision of or a grant of variance
from categorical Pretreatment Standards pursuant to 40 CFR 403.13;
8.
To correct typographical or other
errors in the wastewater discharge permit; or
[R.O. 2011 § 710.260; Ord. No. 17-184 § 1, 9-20-2017]
A.
Wastewater discharge permits may be transferred
to a new owner or operator only if the permittee gives at least thirty
(30) days' advance notice to the Director of Public Works and the
Director of Public Works approves the wastewater discharge permit
transfer. The notice to the Director of Public Works must include
a written certification by the new owner or operator which:
B.
Failure to provide advance notice of a
transfer renders the wastewater discharge permit void as of the date
of facility transfer.
[R.O. 2011 § 710.270; Ord. No. 17-184 § 1, 9-20-2017]
A.
The Director of Public Works or City Council
may revoke a wastewater discharge permit for good cause, including,
but not limited to, the following reasons:
1.
Failure to notify the Director of
Public Works of significant changes to the wastewater prior to the
changed discharge;
2.
Failure to provide prior notification to the Director of Public Works of changed conditions pursuant to Section 710.340 of this Chapter;
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 Director of
Public Works 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
this Chapter.
B.
Wastewater discharge permits shall be voidable
upon cessation of operations or transfer of business ownership. All
wastewater discharge permits issued to a particular User are void
upon the issuance of a new wastewater discharge permit to that User.
[R.O. 2011 § 710.280; Ord. No. 17-184 § 1, 9-20-2017]
A User with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 710.190 of this Chapter, a minimum of one hundred eighty (180) days prior to the expiration of the User's existing wastewater discharge permit.
[R.O. 2011 § 710.290; Ord. No. 17-184 § 1, 9-20-2017]
This Chapter shall apply to the POTW
and all Users outside of the jurisdictional boundaries of the POTW
who are, by contract or agreement with the POTW, Users of the POTW.
