Sec. 29.145. - Wastewater discharge permit issuance.

Wastewater discharge permit duration. A wastewater discharge permit shall be issued for a

specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the water utilities director. Each wastewater discharge permit will indicate a specific date when it will expire.

Wastewater discharge permit contents. A wastewater discharge permit shall include such

conditions as are deemed reasonably necessary by the water utilities director 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.

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 29.145.4 of this article, 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)

The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with section 29.146B;

(6)

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;

(7)

Requirements to control slug discharge, if determined by the water utilities director to be necessary;

(8)

Any grant of the monitoring waiver by the water utilities director (section 29.146.4B) must be included as a condition in the user's permit or other control mechanism.

B.

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)

Requirements for notifying the city of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW;

(5)

Requirements for notification of slug discharges;

(6)

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

(7)

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

(8)

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

(9)

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

(10)

Other conditions as deemed appropriate by the water utilities director to ensure compliance with this article, and state and federal laws, rules, and regulations.

Wastewater discharge permit modification. The water utilities director may modify a wastewater

discharge permit for good cause, including, but not limited to, the following reasons:

A.

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

B.

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;

C.

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

D.

Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters;

E.

Violation of any terms or conditions of the wastewater discharge permit;

F.

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

G.

Revision of or a grant of variance from categorical pretreatment standards;

H.

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

I.

To reflect a transfer of the facility ownership or operation to a new owner or operator when requested.

Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new

owner or operator only if the permittee gives at least ninety (90) calendar days advance notice to the water utilities director and the water utilities director approves the wastewater discharge permit transfer. The notice to the water utilities director must include a written certification by the new owner or operator that:

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 that the transfer is to occur; and

C.

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

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

Wastewater discharge permit revocation. The water utilities director may revoke a wastewater

discharge permit for good cause, including, but not limited to, the following reasons:

A.

Failure to notify the water utilities director of significant changes to the wastewater prior to the changed discharge;

B.

Failure to provide prior notification to water utilities director of changed conditions pursuant to section

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 water utilities director 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 article.

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

Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit

shall apply for wastewater discharge permit reissuance by submitting a completed permit application, in accordance with section 29.144.5 of this article, a minimum of sixty (60) calendar days prior to the expiration of the user's existing wastewater discharge permit.

Display of permit. A copy of this permit shall be posted in a prominent location at or near the

treatment and disposal facilities, and shall be available to operating personnel at all times.

(Ord. No. 11-OR0603-1, § 3, 8-17-2011)