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The WRD Manager shall evaluate the data furnished by the user in the industrial waste discharge permit application and may require the user to provide additional information. After evaluation and acceptance of the data furnished, the WRD Manager may issue or deny an industrial waste discharge permit subject to terms and conditions provided in this chapter.

(1) General Conditions.

(a) Industrial waste discharge permits shall be issued or denied by the WRD Manager within 90 days after a completed application is received. If no determination is made within this time period, the application will be deemed denied. Industrial waste discharge permits shall contain conditions that meet the requirements of this chapter as well as those of applicable State and Federal laws and regulations.

(b) If pretreatment facilities are needed to meet the discharge requirements in the discharge permit, the permit shall require the installation of such facilities.

(c) Whenever a discharge permit requires installation or modification of treatment facilities or a process change necessary to meet discharge standards or spill control requirements, a compliance schedule shall be included which establishes the date for completion of the changes and any appropriate interim dates. Interim dates for the commencement and completion of major events shall be no more than 90 days apart.

(d) The WRD Manager may deny approval to issue a discharge permit if the discharge will result in violations of local, State, or Federal laws or regulations; will overload or cause damage to any portion of the treatment plant; or will create an imminent or potential hazard to personnel.

(e) Permits shall contain the following elements:

(i) A statement that indicates the wastewater discharge permit issuance date, expiration date, effective date, and that the duration of the permit shall not exceed five years.

(ii) A statement that the wastewater discharge permit is nontransferable without prior notification to the WRD Manager in accordance with Section 11.410, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

(iii) Effluent limits, and best management practices based on applicable pretreatment standards.

(iv) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law.

(v) The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with Section 11.605(3)(b).

(vi) 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.

(vii) Requirements to control slug discharges, if determined by the WRD Manager to be necessary.

(viii) Any grant of the monitoring waiver by the WRD Manager (Section 11.605(3)(b)) must be included as a condition in the user’s permit.

(2) Specific 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 adopted by the participants. Permits may contain the following:

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

(b) Mass limits of discharge where deemed appropriate;

(c) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization consistent with the capacity of the collection and treatment system;

(d) Requirements for installation and maintenance of pretreatment facilities, flow measurement devices, inspection and sampling facilities;

(e) Requirements for the submission of reports and compliance schedules;

(f) Requirements for submission of technical reports or discharge reports required by the WRD Manager, by provisions of the national pretreatment standards or to support monitoring requirements of the pretreatment program;

(g) Requirements for maintaining and retaining plant records relating to wastewater discharge and affording authorized representatives of the City access thereto;

(h) Other conditions as deemed appropriate to ensure compliance with this chapter.

(3) Nondischarging Categorical Industrial Users. Nondischarging users that have industrial processes that would otherwise be subject to national categorical pretreatment standards and requirements that have a potential to discharge shall be issued no-discharge control mechanisms. Nondischarging users that have no potential to discharge may be issued an alternative control mechanism.

“Potential to discharge” means hard plumbing connected to the POTW’s sanitary sewer in the proximity of the industry’s processing area and/or in areas where hazardous chemicals or hazardous wastes are stored. This includes plumbing with shut-off valves and plumbing that has been plugged with temporary or removable plugs. Plumbing that is not connected to sanitary sewer or has been permanently disconnected or cemented shut would not constitute a potential to discharge. Examples that constitute potential to discharge include floor drains, clean-up sinks and industrial process discharge lines connected to the sewer.

[Replaced Sec. 2 (Exh. A), Ord. No. 2021-13, Feb. 18, 2021.]