Modesto Municipal Code Art. 4 Discharge Permits

(a) To provide the maximum public benefit from the use of City facilities, written authorization to use said facilities is required. This written authorization shall be in the form of a discharge permit. All users are required by the Director to obtain a wastewater discharge permit that shall be completed, filed, and approved by City at least ninety (90) days prior to any planned discharge to sewer. No vested right shall be given by issuance of any permit(s) provided for in this chapter.

(b) The discharge permit is dependent upon the type of discharger, volume, and characteristics of the discharge. The types of discharge permits are:

(1) Categorical permit;

(2) Industrial user permit:

(i) Major industry,

(ii) Minor industry;

(3) Pollution prevention permit:

(i) Wet industry;

(ii) Dry industry;

(4) Groundwater discharge permit;

(5) Wastehauler discharge permit.

(c) In support of the application, the user shall submit, in units and terms appropriate for evaluation, all information as may be deemed by the Director as necessary to evaluate the wastewater discharge permit application. This information includes, but is not limited to: identifying information; environmental control permits held; standard industrial classification codes for industry as a whole or any categorical process; flow rates; wastewater constituents and characteristics; time and duration of discharge; peak discharge amounts; locations of all discharge points; pretreatment facilities; sampling and monitoring equipment and points; description of activities; facilities, and plant processes including raw materials, processes and types of materials which are or could be produced, by type; number of employees and hours of operation; time and duration of discharge; wastewater characteristics; site diagrams; flow schematics; and a statement reviewed by an authorized representative of the user and certified by a qualified professional indicating whether or not the pretreatment standards are being met on a consistent basis, and if not, what additional pretreatment is necessary.

(d) The permittee must abide by all terms, provisions, rules and regulations contained in the permit and/or this chapter.

(e) Permit fees and any other associated fees may be collected by the City in an amount adopted from time to time by City Council resolution.

(Added by Ord. 3137-C.S., § 1)

(Amended by Ord. 3630-C.S., § 1, effective 8-14-15; Ord. 3649-C.S., § 3, effective 7-14-16)

No industrial user shall discharge new or increased pollutants, or make changes in the nature of its pollutants without applying for and receiving a modification to its Waste Water Discharge Permit.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Whenever the annual gallonage of flow from a major industrial user for a calendar year falls below eighty (80) percent of the capacity allocation shown on a permit issued in accordance with Section 5-6.401, the major industrial user shall pay for the calendar year a minimum sewer service charge, based on eighty (80) percent of the capacity allocation shown on the permit, to pay for unused capacity allocated to the industrial user.

(Added by Ord. 3137-C.S., § 1, amended by Ord. 3449-C.S., § 1, effective 9-7-07)

In the event the City determines that it is necessary, in order to comply with the objectives of this chapter, to impose more stringent limitations or requirements on discharges to the wastewater disposal system than are set forth in an existing Wastewater Discharge Permit, the City shall have the authority to require modifications of an existing Wastewater Discharge Permit to incorporate such limitations or requirements.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modifications and change by the City during the life of the permit as limitations or requirements as identified in this chapter are modified and changed. The user shall be informed of any proposed changes in his/her permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Wastewater Discharge Permits are issued to a specific user for a specific operation. A Wastewater Discharge Permit shall not be reassigned, transferred or sold at anytime for any purpose.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)