§ 115-12. Wastewater discharge permits., Chapter 115. INDUSTRIAL PRETREATMENT REGULATIONS, Code of Ordinances, Rockwood

Required. No person shall discharge, without a City permit, to any natural outlet in the city, to any area under the jurisdiction of the City and/or to the POTW wastewater, except as authorized by the Superintendent in accordance with this chapter.

Time limits. 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. All existing significant users connected to or contributing to the POTW shall contain a wastewater discharge permit within 180 days after the effective date of this chapter.

Application. Users required to contain a wastewater discharge permit shall complete and file with the City an application in the form prescribed by the City and accompanied by a fee as set by resolution of the City Council. Upon application for such permit, the City shall provide copies of relevant requirements to each user. Existing users shall apply for a wastewater discharge permit within 30 days after the effective date of this chapter and proposed new users shall apply at least 90 days prior to connecting to or contributing to the POTW.

(1)

In support of the application, the user shall submit, in units and terms appropriate for evaluation, the following information:

(a)

Name, address and location (if different from the address);

(b)

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

(c)

Wastewater constituents and characteristics, including, but not limited to, those mentioned in §§ 115-3 to 115-10, 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;

(d)

The time and duration of the contribution;

(e)

The average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;

(f)

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

(g)

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

(h)

Where known, the nature and concentration of any pollutants in the discharge which are limited by any applicable city, state or federal pretreatment standard, 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 and/or additional pretreatment is required for the user to meet applicable pretreatment standards;

(i)

If additional pretreatment and/or operation and maintenance 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:

[1]

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 contracts for major components, commencing construction, completing construction, etc.).

[2]

No increment referred to in Subsection C(1)(i)[1] hereof shall exceed nine months.

[3]

Not later than 14 days following each in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent, 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 such increment of progress, the reason for delay to the schedule established. In no event shall more than nine months elapse between such progress reports to the Superintendent.

(j)

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

(k)

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

(l)

The number and type of employees, the hours of operation of the plant and the proposed or actual hours of operation of the pretreatment system; and

(m)

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

(2)

The City will evaluate the data furnished by the user and may require additional information. Within 90 days after acceptance of an administratively and technically complete application and all of the date requested by the City and furnished by the user, the City shall either issue a wastewater discharge permit subject to terms and conditions provided in this chapter, or deny the permit, providing a reasonable explanation of the basis for denial.

Modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of a user shall become subject to such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by Subsection C hereof, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the Superintendent, within 180 days after the promulgation of an applicable standard, the information required by Subsection C(1)(h) and (i) hereof.

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.

(1)

Permits shall contain the required terms listed below:

(a)

A statement of the duration of the permit, which shall not be more than five years.

(b)

A statement of permit nontransferability without prior notification to the POTW and provision of a copy of the existing permit to the new owner or operator.

(c)

Effluent limits based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and state and local law.

(d)

Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including identification of the pollutants to be monitored, sampling location, sampling frequency and sample type based on the applicable general pretreatment standards, categorical pretreatment standards, local limits, and 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. The schedule may not extend the compliance date beyond applicable federal deadlines.

(2)

Permits may also include, without limitation the following:

(a)

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

(b)

Limits on the average and maximum wastewater constituents and characteristics;

(c)

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

(d)

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

(e)

Compliance schedules and a statement explaining civil and criminal penalties in violation of pretreatment standards and requirements;

(f)

Requirements for submission of technical reports or discharge reports;

(g)

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and affording the City access thereto;

(h)

Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system.

(i)

At lest once every two years, the POTW may request that each significant industrial user provide a plan to control slug discharges. The results of such activities shall be available to the approval authority upon request. If the treatment plant decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:

[1]

Description of discharge practices, including nonroutine batch discharges;

[2]

Description of stored chemicals;

[3]

Procedures for immediately notifying the treatment plant of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days; and

[4]

If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

(j)

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

Wastewater analysis. When requested by the Superintendent, a user must submit information on the nature and characteristics of its wastewater within 10 days of the request. The Superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information.

Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date.

Permit modification.

(1)

The Superintendent may modify a 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 of requirements;

(b)

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;

(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, personnel, or the receiving waters;

(e)

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

(i)

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

(j)

Upon request of the permittee, provided that such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations, or requirements of this chapter.

(2)

The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of the charge. Any change or new condition in the permit shall include a reasonable time schedule for compliance.

Reissuance. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit, or some lesser time as designated by the city. The application for reissuance shall include a written request for reissuance of the permit and a description of any circumstances that have changed since the current permit was issued or last modified, as well as any additional information requested by the city.

Permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days' advance notice to the Superintendent and the Superintendent approves the wastewater discharger permit transfer.

(1)

The notice to the Superintendent must include a written certification by the new owner or operator which:

(a)

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

(b)

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

(c)

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

(2)

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.