§ 64.10. Industrial wastewater discharge permits.

The City hereby establishes an industrial wastewater discharge permit. The City may include such provisions, terms, and conditions in the industrial wastewater discharge permit as it may determine reasonable and necessary. No such permit shall be issued until all applicable sewer charges, including but not limited to sewer connection fees and sewer environmental conservation fees, are paid to the city in accordance with city rate resolutions and ordinances. The application, issuance, duration, modification, enforcement, and revocation of such permits shall be controlled by the following provisions:

(a)

Permits required. All industries which discharge 10,000 gallons of wastewater or more per day during any day of the calendar year, into the wastewater system or whose discharge otherwise may have significant impact on the said system, as determined by the city, shall first obtain a permit.

(b)

Compliance required. No permit holder shall discharge industrial sewage or wastewater in excess of the quantity, rate of discharge, or quality conditions specified in the permit. Any person desiring to modify his discharge which would violate conditions of his permit shall apply for an amended permit.

(c)

Permit applications. Persons seeking a permit shall complete and file with the city an application in form prescribed by the City. The Applicant shall submit, where appropriate:

(1)

Name, address, telephone number, and location (if different from address) of Applicant, and owner of the premises from which industrial wastes are intended to be discharged;

(2)

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

(3)

Average daily and peak hourly wastewater flow rates, including daily, monthly and seasonal variations if any;

(4)

Schedule of all industrial process waste flows produced before and after pretreatment, if any, at said premises, including the daily volume, and wastewater constituents and characteristics as determined by representative samples and analyses done by a qualified laboratory acceptable to the city and in accordance with "Standard Methods" and USEPA regulations for sampling and analysis;

(5)

Estimated time and duration of discharge within a 20 percent tolerance;

(6)

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

(7)

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

(8)

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

(9)

Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; and

(10)

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

(e)

Processing and issuance of permits. The City will evaluate the data furnished by the applicant and may require additional information. A proposed permit may be issued within 60 days after all data has been furnished to and accepted by the city. The applicant shall then be allowed a 30 day comment period. Upon the expiration of the comment period, or upon the expiration of 90 days from the date the data has been furnished and accepted, the City shall issue or deny a permit; a permit may contain appropriate restrictions. Issuance of a permit shall not relieve the discharger from complying with all applicable permits, laws, regulations, and ordinances promulgated by the City or other governmental authorities, and any applicable sewer service allocation or connection rules, nor shall the issuance of a permit be construed as a representation by the City that the discharge permitted therein complies with all of such permits, laws, rules, regulations, and ordinances. Permits are issued solely to govern the discharge of wastewater into the wastewater system and effluent disposal system, as between the discharger and the City, and shall not be construed to benefit any third party. Notwithstanding anything contained herein to the contrary, no industrial wastewater discharge permit shall be issued to any person who has not yet obtained a wastewater disposal permit pursuant to applicable sewer service allocation or connection rules.

(f)

Permit restrictions. The restrictions in permits shall be uniformly enforced by the City and may include, but shall not be limited to, the following:

(1)

The maximum permissible concentration of wastewater constituents.

(2)

Limits on rate and time of discharge, or requirements for flow regulation and equalization.

(3)

Requirements for inspection, flow metering and sampling facilities, and alternative sampling methods.

(4)

Pretreatment of industrial wastewater before discharge.

(5)

Compliance schedules.

(6)

Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, flow metering, number, types and standards for tests and reporting schedule.

(7)

Prohibition of discharge or certain wastewater constituents.

(8)

Requirement for submission of periodic discharge reports to include information concerning volume, rate of flow, constituent concentrations, peak flow rates, hours of operation, number of employees, or other information.

(9)

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

(10)

Requirements for notification of the City for 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.

(11)

Requirements for notification of slug or accidental discharges.

(12)

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

(g)

Pretreatment requirements. If pretreatment is required through the issuance of an industrial wastewater discharge permit, users of the POTW shall design, construct, operate, and maintain such wastewater pretreatment facilities whenever necessary to reduce or modify the user's wastewater constituency to achieve compliance with the limitations in wastewater strength set forth in Section 64.04, to meet applicable national pretreatment standards, or to meet any other wastewater condition or limitation contained in the user's wastewater discharge permit. Plans, specifications, and operating procedures for such wastewater pretreatment facilities shall be prepared by a registered engineer, and shall be submitted to the Utility Systems Director for review in accordance with accepted engineering practices. The Utility Systems Director shall review said plans within 45 days and shall recommend to the user any appropriate changes or approve or reject plans. Prior to beginning construction of said pretreatment facility, the user shall submit a set of construction plans and specifications to be maintained by the Utility Systems Director. Prior to beginning construction the user shall also secure such building, plumbing, or other permits that may be required by the City code. The user shall construct said pretreatment facility within the time provided in the user's wastewater discharge permit. Following completion of construction, the user shall provide the utilities director with "as built" drawings to be maintained by the Utility Systems Director. Neither filing of the plans nor the issuance of a permit shall be construed to indicate that the City in any way vouches for or warrants the capabilities of any such plans, specifications, or data in any manner. Subsequent alterations or additions to such pretreatment or flow-control facilities shall not be made without prior notice to the City.

(h)

Duration of permits. Permits shall be issued for any specified period of time, not to exceed five years.

(i)

Modification of permits. The terms and conditions of any permit may be subject to modification and change by the City during the life of the permit to accommodate changed conditions and as local, state, and federal laws, rules, and regulations are modified or amended or in event of variation in reported data as provided in this section. Permit holders shall be informed of any proposed changes in their respective permits at least 60 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 30 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. Nothing in these regulations is intended to preclude the City from taking immediate action to temporarily modify a permit when there is imminent risk of injury to the wastewater system or to the health and welfare of the public or to the environment.

(j)

Permits not transferable. A separate permit shall be required for each wastewater connection discharging into the sewerage system. For each discharger having multiple connections at a single plant or facility, a single permit shall be required which may set forth specific effluent limitations and conditions for discharge from each separate connection. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, or for different premises, unless approved by the Utility Systems Director.

(k)

Enforcement. The Utility Systems Director may suspend the wastewater service and/or a permit when such suspension is necessary, in the opinion of the Utility Systems Director, in order to stop an actual or threatened discharge which represents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the City to violate any condition of its NPDES permit.

(1)

Any person notified of a suspension of the wastewater service and/or the permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater system or endangerment to any individuals. The City shall reinstate the permit and/or the wastewater service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within five calendar days of the date of occurrence.

(2)

Revocation of permit. Any user who violates any of the following conditions of this chapter, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures outlined in this chapter:

(a)

Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

(b)

Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(c)

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;

(d)

Obtaining of a permit by misrepresentation or failure to disclose fully all relevant facts;

(e)

A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; or

(f)

Violation of conditions of the permit.

(3)

Whenever the City finds that any user has violated or is violating this chapter, permit, or any prohibition, limitation of requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user.

(4)

Show cause hearing. The City may order any user who causes or allows an unauthorized discharge to show cause before the City why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the City why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation. The City may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the city to:

(a)

Issue in the name of the City notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(b)

Take the evidence;

(c)

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City for action thereon;

(d)

After the City has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the wastewater service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

(l)

Special agreement variance. The City may grant a variance from the permitting requirements of this section only for those industrial users with which the City executes an agreement providing for the City to construct and operate, at the cost of the industrial user, a pretreatment facility which is capable of achieving compliance with the limitations in wastewater strength set forth in Section 64.04, the national categorical pretreatment standards, and applicable state treatment requirements. The City may agree to share the costs of operation and construction of the pretreatment facility if it receives, in its opinion, benefits to the wastewater system. Notwithstanding anything to the contrary contained in this chapter, no industrial user shall add into the wastewater system any toxic pollutant as set forth in Appendix "B," of 40 C.F.R., Part 403, or any pollutant that may interfere, pass through, or otherwise be incompatible with the wastewater system.

(Ord. 94-46, passed 9-26-94; Ord. No. 14-29, § 11, 5-27-14)