Morro Bay Municipal Code Art. V Industrial Wastewater Discharge Permit Issuance

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

(Ord. No. 642, § 1, 1-26-21)

An industrial wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the utilities division/department 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 and any drinking water supplies produced by WRF.

A. Industrial wastewater discharge permits must contain:

1. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date.

2. A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with Section 13.12.540 of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing 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. 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.

6. Requirements to control slug discharge, if determined by the utilities division/department manager to be necessary.

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 nonroutine discharges;

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

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

6. 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; and

7. Other conditions as deemed appropriate by the utilities division/department manager to ensure compliance with this chapter, and state and federal laws, rules, and regulations.

(Ord. No. 642, § 1, 1-26-21)

A. The user may petition the utilities division/department manager to reconsider the terms of an industrial wastewater discharge permit within fifteen working days of notice of its issuance.

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

2. 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.

3. The effectiveness of the industrial wastewater discharge permit shall not be stayed pending the appeal.

4. If the utilities division/department manager fails to act within sixty 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.

5. 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 of San Luis Obispo County.

(Ord. No. 642, § 1, 1-26-21)

A. The utilities division/department 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, or the receiving waters;

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 wastewater discharge permit application or in any required reporting;

7. To correct typographical or other errors in the industrial wastewater discharge permit; or

8. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 13.12.540 of this chapter.

(Ord. No. 642, § 1, 1-26-21)

Industrial wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least sixty days' advance notice to the utilities division/department manager and the utilities division/department manager approves the industrial wastewater discharge permit transfer. The notice to the utilities division/department 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.

(Ord. No. 642, § 1, 1-26-21)

The utilities division/department manager may revoke or suspend an industrial wastewater discharge permit for good cause, including, but not limited to, the following reasons:

A. Failure to notify the utilities division/department manager of significant changes to the wastewater prior to the changed discharge;

B. Failure to provide prior notification to the utilities division/department manager of changed conditions pursuant to [Section] 13.12.620 of this chapter;

C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

D. Falsifying self-monitoring reports and certification statements;

E. Tampering with monitoring equipment;

F. Refusing to allow the utilities division/department 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 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 wastewater discharge permit or this chapter.

Industrial wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All industrial wastewater discharge permits issued to a user are void upon the issuance of a new industrial wastewater discharge permit to that user.

(Ord. No. 642, § 1, 1-26-21)

A user with an expiring industrial wastewater discharge permit shall apply for industrial wastewater discharge permit reissuance by submitting a complete permit application, in accordance with [Section] 13.12.210 of this chapter, a minimum of thirty days prior to the expiration of the user's existing industrial wastewater discharge permit.

(Ord. No. 642, § 1, 1-26-21)