King City Municipal Code Ch. 15.14 Sewers—industrial Wastewater Discharge Permits

(a) No significant industrial user shall discharge wastewater into the POTW without first obtaining an industrial wastewater discharge permit from the city manager and paying applicable fees (established by separate resolution), except that a significant industrial user that has filed a timely application pursuant to this chapter may continue to discharge for the time period specified therein.

(b) The city manager may require other users to obtain industrial wastewater discharge permits as necessary to carry out the purposes of this chapter.

(c) Any violation of the terms and conditions of an industrial wastewater discharge permit shall be deemed a violation of this chapter and subjects the industrial wastewater discharge permittee to the sanctions set out in Chapter 15.19 of this code. Obtaining an industrial wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

(d) When requested by the city manager, a user must submit information on the nature and characteristics of its wastewater. The city manager is authorized to prepare a form for this purpose and may periodically require users to update this information.

(Ord. 772 § 5, 2019)

Any user required to obtain an industrial wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of the ordinance codified in this chapter, and who wishes to continue such discharges in the future, shall, within ninety days after said date, apply to the city manager for an industrial wastewater discharge permit, and shall not cause or allow discharges to the POTW to continue after one hundred eighty days of the effective date of the ordinance codified in this chapter except in accordance with an industrial wastewater discharge permit issued by the city manager.

(Ord. 772 § 5, 2019)

Any user required to obtain an industrial wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this industrial wastewater discharge permit must be filed at least ninety days prior to the date upon which any discharge will begin or recommence.

(Ord. 772 § 5, 2019)

(a) All users required to obtain an industrial wastewater discharge permit must submit an application for such a permit. The city manager may require users to submit all or some of the following information as part of an industrial wastewater discharge permit application:

(1) Identifying Information.

(A) The name and address of the facility, including the name of the operator and owner.

(B) 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.

(3) Description of Operations.

(A) A brief description of the nature, 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 a schematic process diagram, which indicates points of 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 details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.

(4) Time and duration of discharges.

(5) The location for monitoring all wastes covered by the industrial wastewater discharge permit;

(6) Flow Measurement. Information showing the measured average daily 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 waste stream formula set out in 40 C.F.R. 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 city manager, of regulated pollutants in the discharge from each regulated process.

(C) Instantaneous, 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 procedures set out in Section 15.17.080 of this code. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the city manager or the applicable standards to determine compliance with the standard.

(E) Sampling must be performed in accordance with procedures set out in Section 15.17.090 of this code.

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

(Ord. 772 § 5, 2019)

(a) All industrial wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in Section 15.17.120.

(b) If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the city manager prior to or together with any reports to be signed by an authorized representative.

(Ord. 772 § 5, 2019)

The city manager will evaluate the data furnished by the user and may require additional information. Within sixty days of receipt of a complete industrial wastewater discharge permit application, the city manager will determine whether to issue an industrial wastewater discharge permit. The city manager may deny any application for an industrial wastewater discharge permit for not meeting the intent and purpose of this chapter or the King City Municipal Code.

(Ord. 772 § 5, 2019)

An industrial wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the industrial wastewater discharge permit. An industrial wastewater discharge permit may be issued for a period less than five years, at the discretion of the city manager. Each industrial wastewater discharge permit will indicate a specific date upon which it will expire.

(Ord. 772 § 5, 2019)

An industrial wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the city manager to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

(a) Industrial wastewater discharge permits must contain:

(1) A statement that indicates the industrial wastewater discharge permit issuance date, expiration date and effective date;

(2) A statement that the industrial wastewater discharge permit is nontransferable without prior notification to the city in accordance with this chapter, and provisions for furnishing the new owner or operator with a copy of the existing industrial wastewater discharge permit;

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

(4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements including chain-of-custody forms with monitoring data. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

(5) 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.

(b) Industrial wastewater discharge permits may contain, but need not be limited to, the following conditions:

(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

(2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

(3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

(4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

(5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

(6) Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

(7) A statement that compliance with the industrial wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the industrial wastewater discharge permit;

(8) Other conditions as deemed appropriate by the city manager to ensure compliance with this ordinance, and state and federal laws, rules, and regulations;

(9) Requirements to control slug discharge, if determined by the city manager to be necessary;

(10) A compliance schedule if needed to implement requirements of the industrial wastewater discharge permit or this chapter.

(Ord. 772 § 5, 2019)

The user may petition the city manager to reconsider the terms of an industrial wastewater discharge permit within sixty days of notice of its issuance.

(a) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(b) In its petition, the appealing party must indicate the industrial wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the industrial wastewater discharge permit.

(c) The effectiveness of the industrial wastewater discharge permit shall not be stayed pending the appeal.

(d) If the city manager fails to act within ninety days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider an industrial wastewater discharge permit, not to issue an industrial wastewater discharge permit, or not to modify an industrial wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.

(e) Aggrieved parties seeking judicial review of the final administrative industrial wastewater discharge permit decision must do so by filing a complaint with the Superior Court for Monterey County within ninety days.

(Ord. 772 § 5, 2019)

(a) The city manager may modify an industrial 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;

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

(3) A change in the POTW 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 POTW, city personnel, receiving waters, or beneficial use of effluent or biosolids;

(5) Violation of any terms or conditions of the industrial wastewater discharge permit;

(6) Misrepresentations or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application or in any required reporting;

(7) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 C.F.R. 403.13;

(8) To correct typographical or other errors in the industrial wastewater discharge permit; or

(9) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with this chapter.

(b) The user may petition the city manager to reconsider the terms of an industrial wastewater discharge permit modification within sixty days of notice of its issuance and in accordance with the procedures in Section 15.14.090.

(Ord. 772 § 5, 2019)

Industrial wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least ninety days advance notice to the city manager, and the city manager approves the industrial wastewater discharge permit transfer as demonstrating consistency with the terms of this chapter. The notice to the city manager must include a written certification by the new owner or operator which:

(a) States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;

(b) Identifies the specific date on which the transfer is to occur; and

(c) Acknowledges full responsibility for complying with the existing industrial wastewater discharge permit.

Failure to provide advance notice of a transfer renders the industrial wastewater discharge permit void as of the date of facility transfer.

If the city manager or designee denies the request for transfer, the user may appeal the decision in accordance with the procedure set forth in Section 15.48.090.

(Ord. 772 § 5, 2019)

The city manager may revoke an industrial wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(a) Failure to notify the city manager of significant changes to the wastewater prior to the changed discharge;

(b) Failure to provide prior notification to the city manager of changed conditions pursuant to Section 15.17.040 of this title;

(c) Misrepresentation or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application;

(d) Falsifying self-monitoring reports and certification statements;

(e) Tampering with monitoring equipment;

(f) Refusing to allow the city manager timely access to the facility premises and records;

(g) Failure to meet effluent limitations;

(h) Failure to pay fines;

(i) Failure to pay sewer charges;

(j) Failure to meet compliance schedules;

(k) Failure to complete a wastewater survey or the industrial wastewater discharge permit application;

(l) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(m) Violation of any pretreatment standard or requirement, or any terms of the industrial wastewater discharge permit or this title.

(Ord. 772 § 5, 2019)

A user with an expiring industrial wastewater discharge permit shall apply for industrial wastewater discharge permit reissuance by submitting a complete industrial wastewater discharge permit application a minimum of sixty days prior to the expiration of the user’s existing industrial wastewater discharge permit.

(Ord. 772 § 5, 2019)