Barstow Municipal Code Art. V Wastewater Discharge Permits

(a) It is unlawful for any Class I, II, III, or IV user to connect or discharge to the BWWTP without a valid construction permit issued by the city's building department, a certificate of occupancy and inspection by the industrial pretreatment division to determine if a discharge permit is required.

(b) Plans and building permits shall not be approved by the industrial pretreatment division for any sewer connection to the BWWTP unless the user has first submitted a business questionnaire for review, obtained approval and received the necessary construction permits to connect to the BWWTP after agreeing in writing not to discharge industrial wastewater until an industrial user permit has been obtained.

(c) The industrial pretreatment division shall have the authority to deny or establish discharge limitations for all users who propose new or increased contributions of pollutants, or changes in the nature of pollutants to the BWWTP where the contributions do not meet applicable pretreatment standards, requirements or would cause the city to violate its WDR permit.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a) All users required to obtain an industrial user permit shall complete and file with the industrial pretreatment division a permit application form and shall pay all applicable fees invoiced by the city. The permit application may require the applicant to supply any or all of the following information:

(1) Name, address, and location of the facility (if different from the mailing address);

(2) Name, title and phone number of authorized representative(s) and contact(s);

(3) NAICS number of the operation(s) carried out by the industrial user, according to the Federal North American Industry Classification System, Office of Management and Budget, 1997, as amended;

(4) EPA hazardous waste generator's number, if applicable;

(5) A description of operations including the nature, average rate of production and a schematic process diagram that indicates points of discharge to the BWWTP;

(6) Flow measurement information showing the measured average daily and maximum daily flow in gallons per day discharged to the BWWTP from process waste streams and all other waste streams, as necessary, to determine the permitted flow of the user and to allow use of the combined waste stream formula;

(7) Time and duration that wastewater is discharged;

(8) Wastewater samples collected according to 40 CFR 403.12(b)(5) and 40 CFR 136 specifications and analyzed by a laboratory certified by the State of California, Department of Health Services to complete the specific pollutant analyses;

(9) Measurement of pollutants identified in the National Categorical Pretreatment Standard applicable to each regulated process, with the results of sample analyses identifying the nature and concentration (or mass where required) of regulated pollutants in the discharge from each regulated process. Both daily constituent maximum and average constituent concentration (or mass) shall be reported. All analyses shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto;

(10) A list of all environmental control permits held;

(11) Site plans, floor plans, process and pretreatment flow charts, mechanical and plumbing plans with details to show all sewers, sewer connections, monitoring equipment, pretreatment equipment, systems and devices, production areas and all areas of wastewater generation;

(12) Certification statement, as set forth in 40 CFR Part 403.6(a)(2)(ii) and amendments thereto, executed by an authorized representative of the industrial user and prepared by a qualified professional, indicating whether or not pretreatment standards (categorical and local) are being met on a consistent basis. If not, the industrial user shall state if additional pretreatment equipment is necessary to achieve compliance with pretreatment standards and requirements;

(13) A statement in a form agreeable to the city attorney that the applicant will reimburse the city for any fines the applicant is assessed as a result of violation of the permit and hold harmless and indemnify the city from any third-party claims relating to the permit; and

(14) Any other information as may be necessary for the industrial pretreatment division to evaluate the permit application. The accuracy of all data submitted, including monitoring data, shall be certified by an authorized representative of the industrial user as set forth in 40 CFR Part 403.6(a)(2)(ii).

(b) After receiving the completed application and all required support information, the industrial pretreatment division shall evaluate the application and information furnished by the applicant and either issue an industrial user permit subject to the terms and conditions provided in this chapter, suspend the issuance of the permit or disapprove the application pursuant to subsection (d) of this section. The industrial pretreatment division shall issue the permit, if the industrial pretreatment division believes that sufficient and accurate information has been provided by the applicant in the permit application and the industrial pretreatment division finds that all of the following conditions are met:

(1) The proposed discharge of the applicant is in compliance with the prohibitions and limitations of this chapter;

(2) The proposed operation and discharge of the applicant would not interfere with the normal and efficient operation of the BWWTP;

(3) The proposed operation and discharge of the applicant shall not result in a violation to the city of the terms and conditions of its WDR permit or cause a pass through of any toxic materials to the BWWTP; and

(4) The applicant has paid all applicable industrial user permit fees.

(c) The industrial pretreatment division may suspend the permit application process if the user's business will not be operational at the conclusion of the application review process. The industrial pretreatment division will supply the user with an interim approval letter in order to receive a permit to commence construction from the building department. The user is required to notify the industrial pretreatment division at least 14 days prior to the commencement of business operations. The industrial user permit will be issued upon proper notification by the user.

(d) If the industrial pretreatment division determines that the proposed discharge will not be acceptable, the industrial pretreatment division shall deny the application and shall notify the applicant in writing, specifying the reason(s) for denial and the applicable appeals process.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a) Industrial user permits shall be subject to all provisions of this chapter and all other applicable regulations, charges and fees established by resolution(s) approved by the city council.

(b) Permits may contain or require any or all of the following:

(1) Limitations on the maximum daily and average monthly wastewater pollutants and mass emission rates for pollutants;

(2) Limitations on the average daily flow and maximum daily flow rates;

(3) Requirements for the submittal of daily, monthly, annual and long-term production rates;

(4) Requirements for reporting changes and/or modifications to equipment and/or processes that affect the quantity or quality of the wastewater discharged;

(5) Requirements for installation and maintenance of monitoring and sampling equipment and devices;

(6) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate spill containment devices;

(7) Specifications for monitoring programs which may include: sampling location(s); frequency of sampling; pollutant violation notification and resampling requirements; number, types and standards for tests; reporting schedules; TTO monitoring; and self-monitoring standard operating procedures (SOPs);

(8) Requirements for reporting flow exceedances and pollutant violations;

(9) Requirements for submission of technical or discharge reports, baseline monitoring reports (BMR), compliance reports, and reports on continued compliance;

(10) Requirements for collection and analysis of representative wastewater samples from the approved sample location during the first month of the first and third quarters. Unless otherwise specified in the permit, the sample analysis compliance reports shall be submitted to the city by the end of the second month of the first and third quarter. Unless otherwise specified in the permit, these reports shall include effluent sample analyses results with the name and concentration or mass of the pollutants in the industrial user permit; average and maximum daily wastewater flows for all processes and total flow for the reporting period; average and maximum daily production rates; and total production rate for the reporting period;

(11) Requirement that all required reports be signed by an authorized representative of the user;

(12) Requirement that all required reports be accompanied by certification statement, by an authorized representative, stating whether the pretreatment standards are or are not being met as set forth in 40 CFR section 403.12(b)(6) and amendments thereto;

(13) Requirements for maintaining and retaining all records relating to the wastewater monitoring, sample analyses, production, waste disposal, recycling, and waste minimization as specified by the industrial pretreatment division;

(14) Requirements for notification of slug or accidental discharges and significant changes in volume or characteristics of the pollutants discharged;

(15) Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements of this chapter and amendments thereto; and

(16) Other conditions or requirements as deemed appropriate by the industrial pretreatment division to ensure compliance with this chapter and amendments thereto.

(Ord. No. 965-2019, § 1, 12-2-2019)

Industrial user permits shall be issued for a specified period, not to exceed three years.

(Ord. No. 965-2019, § 1, 12-2-2019)

All users that have been issued an industrial user permit have a duty to comply with all permit conditions and limitations. Any user failing to comply with the requirements of the permit shall be subject to administrative, civil or criminal enforcement actions in accordance with this chapter.

(Ord. No. 965-2019, § 1, 12-2-2019)

All industrial users shall submit a completed permit application, required monitoring information or production reports, and any other information required by the industrial pretreatment division for permit renewal a minimum of 90 calendar days prior to the expiration of the existing permit. All users shall pay all applicable permit fees after invoicing by the city. If the industrial pretreatment division fails to notify user of the decision to issue or not issue a renewed permit prior to the expiration date of the current permit, the user's timely submission of a completed application and all other required information and reports shall automatically extend the existing permit for up to 30 working days until the actual permit can be issued or denied. Any discharge of industrial wastewater to the BWWTP with an expired permit shall be a violation of this chapter and may subject the user to enforcement action.

(Ord. No. 965-2019, § 1, 12-2-2019)

(a) The terms and conditions of the industrial user permit shall be subject to modification during the term of the permit for reasons specified by the industrial pretreatment division, including the following:

(1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(2) To address significant alterations or modifications to the user's operation, processes, or wastewater volume or character since the time of the permit issuance;

(3) A change in the BWWTP that requires either a temporary or permanent reduction or elimination of the permitted discharge;

(4) The permitted wastewater discharge poses a threat to the BWWTP or city personnel, residents, or receiving waters;

(5) Violation of any term or condition of the user's permit;

(6) Misrepresentations or failure to fully disclose all relevant facts in the user's permit application or in any required reporting; or

(7) To correct typographical or other errors in the user's permit; or

(b) When possible, the city shall notify the user of any proposed permit changes at least 30 days prior to the effective date of the changes. Any modifications in the permit shall include a reasonable time schedule for compliance.

(Ord. No. 965-2019, § 1, 12-2-2019)

Each industrial user permit is issued to a specific user for a specific operation for a specified period. Any assignment, transfer or sale of an industrial user permit to a new owner, new user, different premises, or different use is prohibited and is a violation of this chapter.

(Ord. No. 965-2019, § 1, 12-2-2019)

The industrial pretreatment division may revoke any industrial user permit if the user is in violation of any provision of this chapter or user permit. These violations include, but are not limited to, falsification of any required information; denial of the city right to entry; failure to re-apply for a permit or request a required permit modification; failure to pay required permit fees or charges; or any discharges in violation of this chapter. The industrial pretreatment division may revoke the industrial user permit upon a minimum notice of 15 calendar days when the industrial pretreatment division finds the user violated any provision of this chapter or user permit. The permit revocation will result in the immediate suspension of all discharge rights and privileges as specified in BMC section 13.12.640. All costs for permit revocation and reissuance shall be paid by the user.

(Ord. No. 965-2019, § 1, 12-2-2019)