Chico Municipal Code Art. IV Industrial Wastewater Permit Requirements

1. Wastewater discharge permits issued by the city shall be of two types:

a. Industrial wastewater discharge permits issued to CIUs and SIUs; and

b. Pollution prevention permits issued to other users.

2. No SIU shall discharge wastewater into the city’s sanitary sewer system without first having obtained an industrial wastewater discharge permit from the director.

3. No user required to obtain a pollution prevention permit shall discharge wastewater into the city’s sanitary sewer system without first having obtained a pollution prevention permit from the director.

4. The director may require other users to obtain industrial wastewater discharge or pollution prevention permits as necessary to carry out the requirements of this chapter. The primary criteria for the requirement of these permits for other users include, but are not limited to:

a. Users which have the potential to be regulated under the pretreatment program in the future;

b. Users which discharge a pollutant of concern; or

c. Users which discharge a substance regulated or proposed to be regulated pursuant to a narrative, numeric, or toxicity-based water quality criterion/objective of the CTR, NTR, or a water quality plan adopted or proposed to be adopted by the State Water Resources Control Board pursuant to California Water Code section 13170.

5. Any new SIU or CIU proposing to discharge to, connect to, or to contribute to the city’s sanitary sewer system shall obtain an industrial wastewater discharge permit before discharging to, connecting to, or contributing to the city’s sanitary sewer system. New SIU, CIU, and other new users required by the director to obtain a permit shall apply for the permit at least ninety (90) days prior to discharging to, connecting to, or contributing to the city’s sanitary sewer system. All existing SIUs or CIUs discharging, connecting to, or contributing to the city’s sanitary sewer system shall obtain an industrial wastewater discharge permit within 180 days after the effective date of this chapter.

(Ord. 2481 §1 (part))

Users required to obtain an industrial wastewater discharge or pollution prevention permit shall complete and file with the director an application, in the form prescribed by the director, accompanied by a fee in an amount established by resolution of the city council.

Permit applicants must submit the following information on their permit application form:

1. Identifying information:

a. The name and address of the facility, including the name of the operator(s) and owner(s);

b. Contact information, description of activities, facilities, and plant production processes on the premises;

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

2. Environmental permits. A list of any environmental control permits held by or for the facility;

3. Description of operations:

a. A brief description of the nature, average rate of production (including each product produced based on product type, amount, processes, and rate of production), and standard industrial classification(s) of operation(s) carried out by the user. This description should include a schematic process diagram, which indicates points of discharge to the city’s sanitary sewer system from regulated processes;

b. Types of wastes generated and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally, be discharged to the city’s sanitary sewer system;

c. Number and type of employees, and proposed or actual hours of operation (i.e., the hours when the premises are physically occupied);

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

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

4. Time and duration of discharges;

5. The location for all monitoring all wastes covered by the permit;

6. Flow measurement. Information showing the measured average daily and maximum daily flow (in gpd) to the city’s sanitary sewer system from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula (40 CFR Part 403.6(e));

7. Measurement of pollutants:

a. The categorical pretreatment standards applicable to each regulated process and any new categorically-regulated processes for existing sources;

b. The results of sampling and analysis identifying the nature and concentration and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process;

c. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required;

d. Samples shall be representative of daily operations and shall be analyzed in accordance with approved methods. Sampling must be performed in accordance with procedures set out in section 15.40.430 of this chapter. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the director or the applicable standards to determine compliance with the standards;

8. Any requests for a monitoring waiver (or renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge based on section 15.40.330(2) of this chapter.

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

(Ord. 2481 §1 (part))

All wastewater discharge permit applications, user reports, and certification statements must be signed by an authorized representative of the user and contain the following certification statement:

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

Annual Certification for Non-Significant Categorical Industrial Users - A facility determined to be a NSCIU by the director pursuant to section 15.40.010(70)(c) must annually submit the following certification statement signed by the authorized representative. This certification must accompany an alternative report required by the director:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR Part ___ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and believe that during the period from _____ to _____ [months, dates, year]:

1. The facility described as _____ [facility name] met the definition of a Non-Significant Categorical Industrial User as defined in section 15.40.010(70)(c);

2. The facility complied with all applicable Pretreatment Standards and Requirements during this reporting period; and

3. The facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period.

This compliance certification is based on the following information:

__________________________________________________________________

__________________________________________________________________

Certification of Pollutants Not Present - Users that have an approved monitoring waiver based on section 15.40.330(2) must certify on each report with the following statement that there has been no increase in the pollutant in its wastestream due to the activities of the user:

Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR Part ___ [specify applicable National Pretreatment Standard part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the level of _____ [list pollutant(s)] in the wastewaters due to activities at the facility since the filing of the last periodic report under section 15.40.330(2).

(Ord. 2481 §1 (part))

The director shall evaluate the information and data furnished by the user and may require additional information. Within thirty (30) days of receipt of a completed application and after evaluation and acceptance of the data furnished, the director may issue the wastewater discharge permit subject to appropriate conditions or may deny the permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(Ord. 2481 §1 (part))

Industrial wastewater discharge permits shall be expressly subject to the provisions of this chapter, use charges and fees established by the city, and all other applicable statutes and regulations. Industrial wastewater discharge permits shall contain the following:

1. A statement that indicates the permit issuance date, expiration date, and effective date. The permit duration shall not to exceed five (5) years;

2. A statement of non-transferability;

3. A statement that the unit charge or schedule of user charges and fees, including sampling fees, for the wastewater to be discharged to the city’s sanitary sewer system may be amended by the city council;

4. Requirements for installation, and maintenance of pretreatment technology, pollution control or containment devices, and inspection and sampling facilities;

5. Effluent limits, including BMPs, based on applicable pretreatment standards or requirements;

6. Limits on the average and maximum rate and time of discharge or requirements for flow regulations and equalization;

7. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or BMPs) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law and whether such monitoring is to be performed by the user;

8. Requirements for notification to the city of any new wastewater constituents discharged to the city’s sanitary sewer system;

9. Requirements for maintaining and retaining records relating to wastewater discharge as specified by the city, and affording city personnel access thereto;

10. A statement of applicable civil and criminal penalties for any violation of pretreatment standards and requirements, or any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law;

11. Requirements for the development and implementation of an accidental spill and slug discharge control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges, if determined by the director to be necessary;

12. 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 15.40.330(2);

13. Any grant of the monitoring waiver by the director must be included as a condition in the permit; and

14. A statement that compliance with the permit does not relieve the user of responsibility for compliance with all applicable pretreatment standards and requirements, including those which become effective during the term of the industrial wastewater discharge permit.

An industrial wastewater discharge permit may contain the following:

1. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the city’s sanitary sewer system;

2. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices; and

3. Other conditions as deemed appropriate by the director to ensure compliance with this chapter and state and federal laws, rules, and regulations.

(Ord. 2481 §1 (part))

Pollution prevention permits shall be expressly subject to the provisions of this chapter, use charges and fees adopted by the city, and all other application statutes and regulations. Pollution prevention permits shall contain the following:

1. A statement that indicates the permit issuance date, expiration date, and effective date. The permit duration shall not to exceed five (5) years;

2. A statement of non-transferability;

3. A statement that the unit charge or schedule of user charges and fees, including sampling fees, for wastewater to be discharged to the city’s sanitary sewer system may be amended by the city council;

4. Requirements for implementation of BMPs and inspection and sampling facilities;

5. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or BMPs) to be monitored, sampling location, sampling frequency, sample type based on federal, state, and local law, and whether such monitoring is to be performed by the user;

6. Requirements for notification to the city of any new wastewater constituents discharged to the city’s sanitary sewer system;

7. Requirements for maintaining and retaining records relating to wastewater discharge as specified by the city, and affording city personnel access thereto;

8. A description of the mechanism for reclassifying a user requiring a pollution prevention permit to a user requiring an industrial wastewater discharge permit;

9. A statement that compliance with the permit does not relieve the user of responsibility for compliance with all applicable pretreatment standards and requirements, including those which become effective during the term of the industrial wastewater discharge permit; and

10. Other conditions as deemed appropriate by the director to ensure compliance with this chapter and state and federal laws and regulations.

(Ord. 2481 §1 (part))

The director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. To incorporate any new or revised federal, state, or local pretreatment standards or requirements, or to incorporate any revisions to the CTR, NTR, or any water quality plan adopted or proposed to be adopted by the State Water Resources Control Board pursuant to California Water Code section 13170.

2. To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

3. A change in the city’s sanitary sewer system that requires either a temporary or permanent reduction or elimination of the authorized discharge;

4. Information indicating that the permitted discharge poses a threat to the city’s sanitary sewer system, city personnel, and/or the receiving waters;

5. Violation of any terms or conditions of the wastewater discharge permit;

6. Intentional or unintentional misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or any required reporting;

7. Revision of or a grant of variance from pretreatment standards pursuant to 40 CFR 403.13; or

8. To correct typographical or other errors in the wastewater discharge permit. The city will provide notification to the user at least thirty (30) days prior to the effective date of any modification to the user’s wastewater discharge permit. Any changes or new conditions in the wastewater discharge permit shall include a reasonable time schedule for compliance.

(Ord. 2481 §1 (part))

The director shall provide notice to the user of all permit decisions, including the denial, issuance, or modification of a wastewater discharge permit. The user may petition the director to reconsider a decision regarding a wastewater discharge permit, including the conditions imposed or, in the case of users other than SIUs and CIUs, the decision to require a wastewater discharge permit, within fifteen (15) calendar days of such notice.

In its petition, the user requesting review must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

The director shall issue a written decision within thirty (30) days of the petition. A user aggrieved by the decision of the director upon the petition for reconsideration may appeal that decision according to the appeals process provided for in chapter 2.80 of this code.

The effectiveness of the wastewater discharge permit requirements shall not be stayed pending the outcome of the petition for reconsideration on appeal.

(Ord. 2481 §1 (part))

A user shall apply for wastewater discharge permit renewal a minimum of sixty (60) days prior to the expiration of the user’s existing permit. The application for renewal shall comply with the requirements of section 15.40.175 and such other requirements as may be imposed by the director.

(Ord. 2481 §1 (part))

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, different premises, or a new or changed operation. Wastewater discharge permits shall be void upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.

(Ord. 2481 §1 (part))

The director may revoke or suspend a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

1. Failure to notify the director in writing of significant changes to the wastewater prior to the changed discharge;

2. Failure to provide prior notification to the director of changed conditions pursuant to section 15.40.340 of this chapter;

3. Intentional misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

4. Falsifying self-monitoring or other reports;

5. Tampering with monitoring equipment;

6. Refusing to allow the city personnel timely access to the facility premises and records or refusing to allow the city to sample wastewater or discharges;

• 7. Failure to meet effluent limitations;
• 8. Failure to pay fines;
• 9. Failure to pay sewer charges or fees;
• 10. Failure to meet compliance schedules;
• 11. Failure to complete a wastewater discharge permit application; or

12. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

Additionally, the director may immediately suspend a user’s wastewater discharge permit, after informal notice to the user, whenever such emergency suspension is necessary to stop an actual or threatened discharge which in the director’s opinion appears to present or cause an imminent or substantial danger to the health or welfare of persons or threatens to substantially interfere with the operation of the city’s sanitary sewer system, or which presents, or may present, a danger to the environment. Such informal notice shall, where time permits, be in the form of notice of violations or cease and desist orders. Where, in the director’s opinion, the danger posed by the discharge is such that it is infeasible, impractical, or dangerous to take the time necessary to issue a notice of violation or cease and desist order, the informal notice to the user may be in the form of a telephone call to the user or to the emergency contact listed in the user’s wastewater discharge permit.

The director shall provide fifteen (15) days’ prior written notice of revocation or suspension of a wastewater discharge permit, including the reasons for such revocation or suspension. The permit holder may, within such fifteen (15) days, appeal the revocation or suspension to the city council pursuant to the procedures in chapter 2.80 of this code. The city council’s decision on such an appeal shall be final. The wastewater discharge permit shall remain in effect during the pendency of such a timely appeal.

Any user notified of an emergency suspension of its wastewater discharge permit shall immediately stop or eliminate its discharge to the city’s sanitary sewer system. In the event of a user’s failure to immediately comply voluntarily with the suspension order or inability of the director to contact the user, the director may take such steps as deemed necessary to prevent or minimize damage to the city’s sanitary sewer system, the receiving waters, or endangerment of public health, including immediate severance of the sewer connection or discontinuing water service. The director may allow the user to recommence its discharge only after the user has demonstrated to the satisfaction of the director that the period of emergency has passed, unless proceedings are initiated by the director to permanently terminate the user’s discharge pursuant to section 15.40.480(6).

A user that is responsible, in whole or in part, for any discharge requiring an emergency suspension shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any further occurrence to the director prior to the date of any show cause or termination hearing. Such user shall reimburse the city for all costs which the city may incur as a result of such discharge or the imposition of an emergency suspension.

If the wastewater discharge permit is revoked or suspended, the director may sever all pertinent connections to the city’s sanitary sewer system. If the wastewater discharge permit is suspended or revoked, neither it nor service shall be reinstated until the user submits proof, satisfactory to the director, of compliance with this chapter, and reimburses the city for all costs incurred in suspending or revoking the wastewater discharge permit. Suspension or termination of discharge shall not be a bar to, or prerequisite for, taking any other action against the user pursuant to section 15.40.480 of this chapter.

(Ord. 2481 §1 (part))

If another municipality or user located within another municipality contributes wastewater to the city’s sanitary sewer system, the director shall enter into an inter-municipal agreement with the contributing municipality. Prior to entering into an agreement, the director shall request the following information from the contributing municipality:

1. A description of the quality and volume of wastewater discharged to the city’s sanitary sewer system by the contributing municipality;

2. An inventory of all users located within the contributing municipality that are discharging to the city’s sanitary sewer system; and

3. Such other information as the director may deem necessary.

An inter-municipal agreement shall contain the following conditions:

1. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this ordinance and local limits, including required baseline monitoring reports which are at least as stringent as those set out in section 15.40.024. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance or local limits;

2. A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

3. A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the director; and which of these activities will be conducted jointly by the contributing municipality and the director;

4. A requirement for the contributing municipality to provide the director with access to all information that the contributing municipality obtains as part of its pretreatment activities;

5. Limits on the nature, quality, and volume of the contributing municipality’s wastewater at the point where it discharges to the city’s sanitary sewer system;

6. Requirements for monitoring the contributing municipality’s discharge;

7. A provision ensuring the director access to the facilities of the users located within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling, and other duties deemed necessary by the director; and

8. A provision specifying the remedies available for breach of the terms of the inter-municipal agreement.

(Ord. 2481 §1 (part))