SEC. 161-7 INDUSTRIAL WASTE DISCHARGE
A. Permit Application
(1) All significant users are required to obtain an industrial waste discharge permit. All significant users shall complete and file with the city an application in the form prescribed by the city and accompanied by an origination fee of one thousand dollars ($1,000.00). Each significant user will also be levied an annual assessment in proportion to each one's use of the sewer system. In support of the application, the significant user shall submit, in units and terms appropriate for evaluation, the following information:
(a) The name, address and location (if different from the address).
(b) The SIC number according to the Standard Industrial Classification Manual, Bureau of the budge, 1972, as amended.
(c) Wastewater constituents and characteristics, including but not limited to those mentioned in S.161-6E of this chapter, 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 136, as amended.
(d) The time and duration of contribution.
(e) The average daily and three-minute peak wastewater flow rate, 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, type, location and elevation.
(g) Descriptions 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 city, state or federal pretreatment standards, 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 (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards.
(i) If additional pretreatment and/or O&M 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 standards.
(j) Each product produced by type, amount, process or processes and rate of production.
(k) The type and amount of raw materials processed, the average and maximum per day.
(l) The number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system.
(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. After evaluation and acceptance of the data furnished, the city may issue an industrial waste discharge permit subject to terms and conditions provided herein.
B. Modification to industrial waste discharge permits. Within nine (9) months of the promulgation of any National Categorical Pretreatment Standards, the industrial waste discharge permit of users subject to such standards shall be revised to require compliance with such standards within the time frame prescribed by such standards. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted an application for an industrial waste discharge permit within one hundred eighty (180) days after the promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with an existing industrial waste discharge permit shall submit to the Commissioner, within one hundred eighty (180) days after the
promulgation of an applicable Federal Categorical Pretreatment Standard, the information required by S.161-7A(1)(h) and (i) of these Regulations.
C. Permit conditions. Industrial waste 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. Permits may contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.
(2) Limits on the average and maximum wastewater constituents and characteristics.
(3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.
(4) Requirements for installation and maintenance of inspection and sampling facilities.
(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for test and reporting schedule.
(6) Compliance schedule with dates showing progressive steps for meeting Categorical Pretreatment Standards.
(7) Requirements for submission of technical reports or discharge reports and final compliance reports.
(8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording city access thereto.
(9) All industrial users must promptly notify the City (POTW) in advance of any substantial change in the volume or character of pollutants in their discharge, including wastes for which their users submitted initial notification, under 40 CFR 403.12 (P). All users, not just significant industrial users, are required to give the City 14 days notice of the intended discharge. The City has the authority to deny or condition new or increased contribution of pollutants or changes in the nature of pollutant.
(10) Notice of Slug Loading or any other potential problem or condition of violation. The industrial user must submit the following information within 24 hours of becoming aware of the violation, (if this information is provided orally, a written submission must be provided within five (5) days:
(1) A description of the discharge and cause of the violation;
(2) The period of the violation, including exact dates and times or, if not corrected, the anticipated time the violation is expected to continue;
(3) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the violation.
(11) Effluent limits based on applicable general pretreatment standards in categorical pretreatment standards, local limits and state and local (s 403.8 (1) (iii) (D).
(12) A statement of concerning self monitoring, sampling, reporting, notification, and record keeping requirements (403.8(f) (1) (iii) (D).
(13) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule (403.0 (f) (1) (iii) (E).
(14) Other conditions as deemed appropriate by the City to ensure compliance with this chapter.
D. Permit duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit re-issuance a minimum of one hundred eighty (180) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or requirements of this chapter are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable
time schedule for compliance.
A statement of the duration shall be included in all permits.
E. Permit transfer. Industrial waste discharge permits are issued to a specific user for a specific operation at a specific location. A 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 without the approval of the city. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
A statement of the transferability shall be included in all permits.
F. Compliance date report.
(1) Compliance Schedule Progress Report:
Not later than 14 days following each date in the compliance schedule for meeting categorical pretreatment standards and the final date for compliance, the Industrial User shall submit a progress report to the Commissioner, including, at a minimum, whether or not is complied with the increment of progress to be met on such date and, if no, the date on which it expects to comply with this increment progress, the reason for the delay, and the steps being taken by the Industrial User to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the Control Authority.
(2) Compliance reports:
Within ninety (90) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW any user subject to pretreatment standards and requirements shall submit to the Commissioner a report indicating the nature and concentration of all pollutants in the discharge from the regulated process, which are limited by pretreatment standards and requirements, and the average and maximum daily flow for the process units in the user facility, which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on an acceptable basis and, if not, what
additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified to be a qualified professional.
G. Periodic compliance reports.
(1) Any user, "Significant non-categorical and categorical industrial users", subject to a pretreatment standard, after the compliance date of such pretreatment standard or, in the case of a new source, after commencement of the discharge into POTW, shall submit to the Commissioner, during the months of June and December, unless required more frequently in the pretreatment standard or by the Commissioner, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in Section 161-7(A)(1)(e). At the discretion of the Commissioner and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Commissioner may agree to alter the months during which the above reports are to be submitted.
(2) The Commissioner may impose mass limitations on users that are using dilution to meet applicable pretreatment standards or requirements or, in other cases, where the imposition of mass limitations are appropriate. In such cases, the report required by Section 7(G) (1) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where requested by the Commissioner, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be prescribed in the
applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. Where 40 CFR 136 does not include a sampling or analytical technique for the pollutant in question sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication "Sampling and Analysis Procedures for Screening of Industrial Effluent for Priority pollutants, April 1977" and amendments thereto or with any other sampling and analytical procedures approved by the Administrator.
(3) All reports submitted to the City must be signed by a responsible corporate officer of a corporation, a general partner of a partnership, the sole proprietor of a sole proprietorship, or a duly authorized representative of an individual.
(4) All records of monitoring activities and sampling analysis shall be kept for a minimum of three years.
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