Fontana Municipal Code Div. 7 Wastewater Discharge Permit

All significant industrial users proposing to connect to or discharge to the POTW and all other industrial and commercial users so required by the public works director shall obtain a wastewater discharge permit before connecting to or discharging to the POTW, or at any other time as required by the director. The industrial and commercial users shall maintain a copy of the current permit readily accessible on the site of wastewater discharge at all times.

A wastewater discharge permit process fee(s) will apply to the initial permit application submission and any subsequent permit renewals.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Wastewater discharge permits shall be classified as follows:

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

(a) All industrial and commercial users proposing to discharge nondomestic wastewater to the POTW shall complete and submit a wastewater discharge permit application to the public works director. Any existing user shall apply for a wastewater discharge permit within 30 days after notification by the public works director. The public works director may require all or some of the following information (if applicable):

(1) Identifying information.

a. The name and address of the facility, including the name of the operator, authorized representative, and owner.

b. The SIC number according to the Standard Industrial Classification Manual, U.S. Office of Management and Budget, 1987, as amended.

c. Copies of business licenses; tax or utility bills; vehicle licenses and capacity of waste hauler tank; general, automobile, workers compensation, and employer's liability insurances.

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

(2) Environmental permits. A list of any environmental control permits held by or for the facility, including, but not limited to permits issued by the San Bernardino County Department of Environmental Health Services, State of California, and South Coast Air Quality Management District, and a copy of the county business plan which addresses the location, type and quantity of hazardous materials handled by the user.

(3) Description of operations.

a. A brief description of activities, facilities, and processes on the premises, including average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include an eight and one-half-inch by 11-inch schematic process diagram, which indicates points of water usage, wastewater generation, treatment, and discharge to the POTW from the 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 POTW.

c. Number and type of employees, hours of operation, and proposed or actual hours of operation.

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

e. Site plans, floor plans, mechanical and plumbing plans, and detail to show all sewers, floor drains, and appurtenances by size location, and elevation, and all points of discharge.

f. Time and duration of discharges.

g. The location for monitoring all wastes covered by the permit.

(4) Flow measurement. Information showing the measured average daily flow and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

(5) Measurement of pollutants.

a. The categorical 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 public works director, of regulated pollutants in the discharge from each regulated process.

c. Daily maximum and long-term average concentrations, or mass, where required, shall be reported.

d. The sample shall be representative of daily operations and shall be analyzed in accordance with section 23-203. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the public works director or the applicable standards to determine compliance with the standard.

e. Sampling must be performed in accordance with procedures set out in section 23-204.

(6) Special studies may be required in the processing of an application, or a wastewater discharge permit update. In the event a special study is required, the public works director shall notify the applicant or the user in writing, of the need for the special study, and what parameters the study should address. If the public works director performs the study, the applicant or user shall deposit with the city the estimated cost of performing the study. All costs shall be borne by the applicant or user. Final costs will be based upon actual costs incurred by the city.

(7) A time schedule for compliance with any provision of this article or categorical standard for which immediate compliance is not possible.

(8) Any other information as may be deemed necessary by the public works director to evaluate the permit application.

(b) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

(a) The public works director shall evaluate the permit application based on the data furnished by the user and such other information as known to the public works director or which is otherwise requested from the user, such as critical parameter reporting.

(b) The public works director shall issue a permit upon the determination that the information in the application demonstrates that the user's proposed activities will not cause harm to the POTW or unreasonably or inequitably burden the operation of the POTW.

(c) The public works director shall not issue a permit if he determines that the application demonstrates that the proposed activities have the potential to cause harm to the POTW or to unreasonably or inequitably burden the operation of the POTW. Upon making such a determination, the public works director shall notify the applicant, in writing, specifying the reasons for denial and the applicable appeals process. The applicant shall be prohibited from undertaking the proposed activity but may immediately submit a revised permit application for the evaluation of the public works director or appeal the decision pursuant to section 23-21.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

(a) Wastewater discharge permits shall be subject to all provisions of this article and all other applicable regulations, charges and fees established by city resolution or ordinance. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the public works director to prevent pass-through or interference, protect the quality of the water body receiving the wastewater treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

(b) Permits shall contain at least the following:

(1) Statement of permit duration that indicates the wastewater discharge permit issuance date, expiration date and effective date, and which duration shall in no case exceed five years from the effective date of the permit.

(2) Statement of permit nontransferability.

(3) Effluent limits, including best management practices, based on applicable pretreatment standards.

(4) Specifications for self-monitoring, sampling, reporting, notification, and record-keeping requirements, which shall include identification of pollutants (or best management practice) to be monitored; sampling locations; frequency of sampling; sampling types based on federal, state, and local law; and which may include number, types and standards for tests; and reporting schedule; and may include total toxic organic monitoring.

(5) 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.

(c) Permits may also contain the following:

(1) The unit charge or schedule of user charges and fees for the wastewater discharged to the POTW.

(2) Schedule of penalty fees for noncompliance.

(3) Limitations on the average and maximum flow rates.

(4) Requirements for installation and maintenance of inspection and sampling facilities.

(5) Requirements for installation and maintenance of spill containment systems.

(6) Requirements for submission of technical or discharge reports.

(7) Requirements for maintaining and retaining plant records relating to the wastewater discharge, as specified by the public works director.

(8) Requirements to control and notify of slug discharges and discharges of hazardous waste.

(9) Requirements for submittal of slug discharge control plans and solvent management plans.

(10) Other conditions as deemed appropriate by the public works director to ensure compliance with this article.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

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

(1) Promulgation of categorical standards. Within three months of the promulgation of a categorical standard, permits for users subject to such categorical standards shall be revised to require compliance within the time frame prescribed by such categorical standard. Where an affected user has not previously submitted an application for a permit as required by Section 23-218, the user shall apply for a permit within 180 days after the promulgation of the applicable categorical standard. In addition, users with existing permits shall submit to the public works director, within 180 days after the promulgation of an applicable categorical standard, the information required by subsection 23-218(a)(7).

(2) Changes in operation. Industrial users shall receive written approval from the public works director prior to initiating any changes in the operation of the user's facility which may result in a change in quantity or quality of nondomestic wastewater contributed to the POTW. As a condition approving such changes, the public works director may impose such conditions as may be necessary to ensure that the user's system, as modified, will not cause harm to the POTW or unreasonably or inequitably burden the operation of the POTW. For the purposes of this section, the word "changes" shall include but not be limited to the following: a positive or negative change of 25 percent in the quantity of industrial wastes discharged, additional processes, additional or different equipment, and an increase in production capacity.

(3) Changes in permit conditions. The terms and conditions of the permit may be subject to modification by the public works director during the term of a permit if limitations or requirements, as referenced in division 4 of this article, are modified or the user violates a provision of this article, misrepresents or fails to fully disclose all relevant facts in the wastewater discharge permit or in any required reporting. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change and may appeal the modification pursuant to section 23-21. Any changes or new conditions in a permit shall include a reasonable time schedule for compliance.

(4) The public works director receives information indicating that the permitted discharge poses a threat to the POTW, beneficial use of the biosolids, city or control authority personnel, or the receiving waters.

(5) To correct typographical or other errors in the wastewater discharge permit.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Wastewater discharge permits are issued to specific users for specific operations. A wastewater discharge permit shall not be transferable, either from one location to another, or from one person to another. Statutory mergers or name change shall not constitute a transfer or a change in ownership. Following a change in ownership, and upon application for a new nondomestic wastewater discharge permit, an interim permit may be issued by the public works director. The new owner or operator is prohibited from discharging without a valid permit.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)

Wastewater discharge permits shall be issued for a time period specified by the public works director, not to exceed five years from the effective date of the permit. The industrial user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of each permit may be subject to modification by the city during the term of the permit in accordance with section 23-221.

(Ord. No. 1984, § 2(Exh. A), 3-10-26)