All industrial/commercial users proposing to connect or to discharge, directly or indirectly, into a public sanitary or combined sewer must apply for a wastewater discharge permit before connecting to or discharging into a public sanitary or combined sewer.
All industrial or commercial users connected to or discharging into a public sewer after June 28, 1984, must apply for a permit.
The discharge of industrial or commercial wastewater to the public sewer without having applied for a permit shall result in the assessment of penalties as provided by §§ 3-2 and 23-4.
These users include:any user who is subject to national categorical pretreatment standards;
any significant industrial user;
any user whose discharge would be in violation of Subtitle 2 {“Control of Sanitary and Storm Sewers”} of <cite data-path="|25">this article</cite>;
any user regulated by state pretreatment requirements;
any user using, storing, or generating prohibited, toxic, or priority pollutants; and
any other user as required by the Director.
No industrial/commercial user shall discharge wastewater directly or indirectly into a public sewer except pursuant to and in accordance with a wastewater discharge permit, when determined by the Director that a permit is required.
City Code, 1976/83, art. 25, §7(a)(1)
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Users seeking a wastewater discharge permit shall complete and file with the Director of Public Works an application in the form prescribed by the Director.
The applicant shall be required to submit, in units and terms appropriate for evaluation, the following information, if applicable:name, address, and standard industrial classification (“SIC”) number of applicant;
nature of process;
volume and rate of flow of wastewater to be discharged;
wastewater constituents and characteristics, including but not limited to those mentioned in this subtitle, as determined by a laboratory approved by the Director;
time and duration of discharge and hours of operation;
average and peak wastewater flow rates, including daily, monthly, and seasonal variations, if any;
production quantities and mass discharge rate;
description of activities, facilities, and plant processes on the premises, including all materials, processes, and types of materials which are or could be discharged; and
any other information as may be deemed by the Director to be necessary to evaluate the permit application.
City Code, 1976/83, art. 25, §7(a)(2)(1st par.)
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The Director will evaluate the data furnished by the user and may require additional information.
After evaluation and acceptance of the data furnished, an on-site inspection of the waste discharge system, treatment system, or other systems relating to the waste discharge may be required.
The Director may then issue a wastewater discharge permit subject to terms and conditions provided herein.
City Code, 1976/83, art. 25, §7(a)(2)(2nd par.)
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A wastewater discharge permit fee may be established by the Director of Public Works.
Such a fee shall be based on the City’s costs of operating the industrial waste control program.
Costs shall include, but not be limited to, issuance of permits, inspection of facilities, sampling, testing, and operation of the City’s industrial wastes laboratory.
City Code, 1976/83, art. 25, §7(a)(9)
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Wastewater discharge permits shall be subject to:all provisions of <cite data-path="|25">this article</cite>; 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 of Public Works in accordance with <cite data-path="|25">this article</cite>, and applicable state and federal regulations.
In the event of conflict between local, state, or federal regulations, the most stringent regulation shall be enforced by the Director.
The terms and conditions of the permit may be modified or changed by the City during the life of the permit:as limitations or requirements imposed by federal, state, or local laws or regulations are modified or changed; or
to protect the POTW from interference, pass-through, or contamination of treatment by-products.
City Code, 1976/83, art. 25, §7(a)(3)(1st - 3rd sens.), (a)(6)(4th sen.)
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“New source” means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Federal Water Pollution Control Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:the building, structure, facility, or installation is constructed at a site at which no other source is located;
the building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
the production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site.
In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of paragraph (1)(ii) or (iii) of this subsection but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection has commenced if the owner operator has:begun or caused to begin as part of a continuous on-site construction program:any placement, assembly, or installation of facilities or equipment; or
significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
Permits shall contain the following:the average and maximum concentrations and/or loadings of permitted wastewater constituents; these limitations will be based upon applicable federal general and categorical pretreatment standards for new and existing sources per 40 CFR Subchapter N, Parts 401 through 471, local limits, and/or state and local laws;
self-monitoring, sampling, reporting, notification, and record-keeping requirements, including an 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/or state and local laws;
requirements for submission of technical reports, discharge reports, waste disposal reports, or other reports as necessary;
requirements for:maintaining plant records relating to wastewater discharge, as specified under <cite data-path="|25|§21-1">§ 21-1 of this article</cite>; and
affording the City access thereto;
requirements for amending the permit if discharge is significantly changed;
effective date and expiration date;
statement of non-transferability, as specified in <cite data-path="|25|§3-10">§ 3-10 of this subtitle</cite>;
statement of applicable civil and criminal penalties for violation of pretreatment standards, requirements, and any applicable compliance schedule; and
other conditions as deemed appropriate by the Director to insure compliance with <cite data-path="|25">this article</cite> and with state and federal pretreatment standards and requirements.
Permit requirements based upon federal standards may not be waived.
No consideration will be given to a request for a waiver of federal general or categorical pretreatment standards.
City Code, 1976/83, art. 25, §1(o), §7(a)(3)(4th sen.), (a)(4)(3rd sen.), (a)(6)(6th sen.)
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No person shall discharge wastewaters in violation of the limitations set by the wastewater discharge permit.
Any person desiring to discharge wastewater or use facilities which are not in conformance with the wastewater discharge permit should apply to the Director of Public Works for an amended permit.
City Code, 1976/83, art. 25, §7(a)(4)(1st - 2nd sens.)
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Substantial changes in:business location;
industrial process;
volume or characteristics of pollutants in the discharge;
quantity or quality of discharge; or
in chemical storage practices,
shall be reported to the Director.
Advance notice is required for anticipated facility expansions and for production increases, decreases, or modifications which could result in the change of the quantity or quality of discharged pollutants.
City Code, 1976/83, art. 25, §7(a)(5)
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Permits shall be issued for a specified time period, not to exceed 5 years.
A permit may be issued for a period of less than a year or may expire on a specific date.
Any user desiring to appeal a permit determination must provide comments to the Director within 15 days of receipt of the permit.
If any user disagrees with or is aggrieved by any determination or decision which is made, rendered, issued, or given under the provisions of this section, such user may appeal as provided in <cite data-path="|25|§21-7">§ 21-7 of this article</cite>.
The user shall apply for permit reissuance at least 30 days prior to the expiration of the user’s existing permit.
City Code, 1976/83, art. 25, §7(a)(6)(1st - 3rd, 5th, 6th sens.)
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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 a new owner, new user, or a new or changed operation without the prior written approval of the Director.
A permit shall not be transferred to any other location.
City Code, 1976/83, art. 25, §7(a)(7)
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A user’s wastewater discharge permit may be suspended:for any violation of <cite data-path="|25">this article</cite> or applicable state and federal regulations; or
for failure to act in strict accordance with the conditions of the user’s wastewater discharge permit, including:failing to report or inaccurately reporting wastewater constituents and characteristics or changes therein;
refusing right of entry guaranteed by §§ <cite data-path="|25|§4-8">4-8</cite> and <cite data-path="|25|§21-5">21-5</cite> of <cite data-path="|25">this article</cite>;
failing to reapply for a permit or to request a required permit modification; or
failing to pay the required permit fee.
The Director shall provide prior notice of the suspension as is in his opinion reasonably permitted by the circumstances.
If such notice does not conform to §§ <cite data-path="|25|§21-6">21-6</cite> and <cite data-path="|25|§22-1">22-1</cite> of <cite data-path="|25">this article</cite> and the suspension is expected to continue or has continued in effect for more than 48 hours, the Director shall provide notice as set forth in said §§ 21-6 and 22-1 after the suspensions have taken effect.
This provision is in addition to statutes, rules, or regulations authorizing termination of service, including termination of existing wastewater connections, for delinquency in payment.
City Code, 1976/83, art. 25, §7(a)(8)
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