Fillmore Municipal Code Ch. 12.12 Industrial Discharge Permit System

No person shall connect any private property with any city sewer or other facility of the sewerage system without first obtaining a "will serve" letter, issued by the city manager, and paying to the city the connection and conveyance fee required therefor.

(Ord. 625 § 1 (part), 1989)

All persons proposing to connect or discharge industrial wastewater into any part of the sewerage system must first apply for and, if required by the city manager, obtain an industrial wastewater discharge permit. The city will deny or condition new or increased contributions of pollutants or changes in the nature of pollutants from industrial users based on the user's past violations of pretreatment standards or the limitations imposed by this title or where such contributions could cause the wastewater treatment plant to violate its NPDES permit (40 CFR 403.8(f)(1)(iii)). Each permit upon renewal and each original application for a permit shall be accompanied by the payment of fees according to the fee ordinance.

(Ord. 625 § 1 (part), 1989)

A user seeking an industrial wastewater discharge permit shall complete an application form provided by the city manager and file it with the city manager accompanied by the required fee. The applicant shall supply the following information with the application:

(1) Name and address of applicant and Standard Industrial Classification (S.I.C.) number of the operations to be carried out by user;

(2) The location of the discharge;

(3) Time and duration of discharge;

(4) Estimated average and peak flow rates, including any expected daily, monthly, and seasonal variations;

(5) Major constituents and characteristics, including, but not limited to, those regulated by this title and the applicable categorical standards as determined by a certified analytical laboratory;

(6) Site plans, floor plans, plumbing plans and details to show all public sewers and appurtenances by size, location and elevation;

(7) Description of toxic or hazardous materials stored or used on the premises which are or could be discharged to the sewerage system;

(8) Each product by type and a description of the production process;

(9) Identification of applicable regulating pretreatment standards;

(10) Number of employees and normal hours of operation of the facility; and

(11) Any other information which may be deemed necessary by the city manager to evaluate the permit application.

(Ord. 625 § 1 (part), 1989)

The industrial wastewater discharge permit shall constitute the performance specification to which each industrial user must conform in order to maintain authorization to use the sewerage system. Industrial wastewater discharge permits shall be expressly subject to all provisions of this title, federal pretreatment standards, requirements and regulations pursuant to Section 307, et seq., of the Act and all other regulations, user charges and fees established by the city. Permit conditions shall be uniformly enforced. Permit conditions may include but are not limited to the following (40 CFR 403.8 (f)(j)(i)—(vi)):

(1) Limits on the average and maximum wastewater constituent concentrations and other relevant qualitative characteristics (See Chapter 3);

(2) Mass emission discharge rates, or any more stringent federal pretreatment standards, and the user's average daily wastewater discharge for the past three years. When not available, data for a single year or other data which is mutually acceptable to the user and the city will be used;

(3) Limits on rate and time of discharge and requirements for flow regulations and equalization;

(4) Requirements for installation of inspection and sampling facilities and specifications for monitoring programs;

(5) Requirements for maintaining and submitting technical self-monitoring reports and plant records relating to industrial wastewater discharges;

(6) Compliance schedules;

(7) Federal pretreatment standards which are more stringent than local limitations; and

(8) Other conditions to ensure compliance with this title.

(Ord. 625 § 1 (part), 1989)

A compliance schedule required as a result of an industrial user's noncompliance with federal or local pretreatment standards or requirements, or for the installation of technology required to meet applicable standards or requirements, shall be based on a list of the expected increments of progress, by dates, for the commencement and completion of major events leading to consistent compliance with federal and local pretreatment standards. No increment of progress shall exceed three months. Not later than fourteen days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the city manager including, at a minimum, whether or not the user complied with the latest increment of progress and, if not, the date on which the user expects to complete the increment, the reason for the delay, and the steps taken by the user to return to the schedule established.

(Ord. 625 § 1 (part), 1989)

(a) Permits shall be issued for a period of one year or less. The terms and conditions of the permit may be subject to modification during the life of the permit as limitations or requirements are modified or as a result of pretreatment standards and requirements promulgated pursuant to Section 307, et seq., of the Act. The user shall be informed of the proposed changes in his permit thirty days before the effective date of the change. Any new conditions in the permit shall include a reasonable compliance schedule proposed by the industrial user and approved by the city manager. Such compliance schedule will allow the user time to modify the industrial process sufficiently to comply with the new permit changes.

(b) The permit issued to an industrial user shall be based on the user's typical discharge rate, peak discharge rate and wastewater constituents and characteristics as described in the user's permit application or through the city manager's knowledge of the history of the user's discharge. The user shall notify the city manager promptly of any significant changes in the user's operation that may affect his discharge rate, peak flow rate, and wastewater constituents or characteristics (40 CFR 403.12(j)).

(Ord. 625 § 1 (part), 1989)

Industrial wastewater discharge permits are issued to a specific user for a specific operation and shall not be transferable by the permittee to any other owner or user, nor to other premises of the permittee, nor shall a permit apply to new or changed operations.

(Ord. 625 § 1 (part), 1989)

When the city manager determines that a specific condition or discharge is in violation of any provision of this title or of any permit condition or limitation imposed, the industrial user shall be issued a notice of violation (See Section 12.15.040(a)) by the city manager which shall specify the violation or designate the deficiencies and shall specify a period of time within which the discharge shall be brought into conformity with all requirements. The period of time specified by the city manager shall be reasonably related to the character of the violation, to the quality and quantity of the discharge and to the risk imposed upon the sewerage system or threatened to the public health, safety and welfare. The discharger shall forthwith submit in writing, to the city manager, the following:

(1) An explanation of the cause of violation; and

(2) A compliance schedule which declares the action intended to remedy the violation and to assure that the violation does not recur.

(Ord. 625 § 1 (part), 1989)

The city manager may suspend a permit if the suspension is necessary to terminate a discharge which is in violation of any provision of this title, provided that a notice of violation has been served on the user and the time designated therein to correct the violation has passed. The city manager may suspend a permit upon informal notice only, if suspension is necessary to terminate a discharge which presents an imminent hazard to the local environment or public health, to the sewerage system or to city personnel, or the termination of which is reasonably required to preserve the public health, safety or welfare (See Section 12.15.040(d)). Any person notified of the suspension of the industrial wastewater discharge permit shall immediately stop the discharge of the specified wastewater or other material into the sewerage system. In the event of a failure to comply voluntarily with the suspension order, the city shall take such steps as the city manager deems necessary, including, but not limited to, immediate severance of the sewer connection, to prevent or minimize damage to the sewerage system or endangerment of any individuals. The city manager shall reinstate a permit suspended hereunder upon proof of the user's compliance with the notice of violation and with the requirements of this title. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen days of the date of occurrence.

(Ord. 625 § 1 (part), 1989)

The permit of any industrial user who violates the conditions of the permit or the provisions of this title or applicable federal and state regulations is subject to revocation. A permit may be revoked upon the following grounds, among others having its permit revoked. Violations subjecting a user to possible revocation of the permit include, but are not limited to, the following:

(1) Failure of the user to report factually its wastewater constituents or concentrations or to comply with its self-monitoring requirements;

(2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics;

(3) Refusal of reasonable access to the user's premises for purposes of inspection or monitoring;

(4) Violation of conditions of the user's permit; or

(5) Failure of the user to comply with the terms of a compliance schedule.

(Ord. 625 § 1 (part), 1989)