Paso Robles Municipal Code Art. VI Industrial Wastewater Discharge Permits

A. The following IUs shall be required to obtain a discharge permit prior to discharging any wastewater to the POTW:

1. An SIU must obtain a SIU discharge permit;

2. An IU whose discharge may potentially have an adverse impact on the POTW, as determined by the director;

3. SIUs that are substantially similar may be issued a general permit for that group or category of SIU; and

4. An IU that prepares or serves food whose discharge of grease may potentially have an adverse impact on the POTW, as determined by the director.

B. The city will require IUs with high salinity discharges (e.g. commercial laundry facilities, hotels) to implement BMPs or pretreatment to comply with this chapter.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

When requested by the director, an IU shall submit information on the nature and characteristics of its wastewater by completing a wastewater survey prior to being allowed to discharge to the POTW. The director may periodically require IUs to update their information. Failure to complete this survey shall be grounds for terminating wastewater service to the IU and shall be considered a violation of this chapter.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

A. All IUs required to obtain a wastewater discharge permit shall complete and file an industrial wastewater discharge permit application with the city within thirty days of receiving a notice to apply. Proposed new IUs shall file their applications at least ninety days prior to connection to the POTW.

B. In support of its application, the applicant must submit all supporting documentation requested in the permit application form issued by the city.

C. The director will evaluate the data furnished by the IU and may require additional information. Incomplete or inaccurate applications will not be processed and will be returned to the IU for revision. After evaluation and acceptance of the information furnished, the director may issue an industrial wastewater discharge permit subject to the terms and conditions provided herein.

D. All industrial wastewater discharge permit applications, IU reports, and certification statements must be signed by an authorized representative of the IU and contain the certification statement set forth in subsection 14.10.610.A.

E. A user must notify the city of any change in the designation of its authorized representative by submitting a new written authorization, which notification must be prior to, or concurrent with, the submission of any reports required to be signed by the authorized representative.

F. A denial of a permit application may be appealed pursuant to the procedures in Section 14.10.810.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

Industrial wastewater discharge permits shall be expressly subject to all provisions of this chapter, all other applicable regulations, and payment of IU charges and fees as required by the city. The permit conditions shall be uniformly enforced in accordance with this chapter and applicable state and federal regulations. Permit contents and requirements include, but are not limited to, the following:

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, and provisions for providing a copy of the existing permit to a new owner or operator;

3. Effluent limits, which may include numerical limits or 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 practices to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

5. Requirements to control slug discharges, if determined by the director to be necessary;

6. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

7. 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;

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

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

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

11. 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;

12. Other conditions as deemed appropriate by the director to ensure compliance with this chapter and state and federal laws, rules, and regulations; and

13. 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;

14. Any grant of monitoring waiver by the director must be included as a condition in the IU's permit.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

Permits shall be issued for a specified term, not to exceed five years from the effective date of the permit. A permit may be issued for a term of less than five years or may be stated to expire on a specific date.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

A. The director may modify any industrial wastewater discharge permit after issuance 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 IU's operation, processes, or wastewater volume or character since the time of the industrial wastewater discharge permit issuance;

3. To add information indicating that the permitted discharge poses a threat to the city's POTW, personnel, or the receiving waters;

4. Due to a violation of any terms or conditions of the industrial wastewater discharge permit;

5. Due to misrepresentations or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application or in any required reporting;

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

B. The IU may request a waiver from the director for monitoring for a pollutant neither present in nor expected to be present in its effluent. An IU requesting such a waiver must submit supporting documentation to the director, including, but not limited to, sampling results and other technical factors. Approval of the waiver is subject to conditions set forth in 40 CFR 403.12(e)(2). Any granted waiver shall be noted as a condition in the discharge permit.

C. An IU shall be informed of any proposed changes in its permit at least thirty calendar days prior to the effective date of the change.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

A. Industrial wastewater discharge permits are issued to a specific IU for a specific operation. An industrial wastewater discharge permit may not be assigned, transferred, or sold to a new owner or a different IU, nor will it apply to different premises, or a new or changed operation. A permittee shall notify the director, in advance and in writing, of any proposed sale or transfer. Prior to any transfer, the transferee shall file an application for a new industrial wastewater discharge permit, with all required information, so that its permit may take effect immediately upon transfer.

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

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)

A. An industrial wastewater discharge permit may be revoked for violation of permit conditions or provisions of this chapter. Violations include, but are not limited to, the following:

1. Failure to notify the director of significant changes to the IU's operations, systems, or wastewater prior to the changed discharge;

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

3. Falsifying self-monitoring reports and certification statements;

4. Tampering with monitoring equipment;

5. Refusing to allow the director timely access to facility premises and records;

6. Failure to meet effluent limitations;

7. Failure to pay fines or any required fees or surcharges associated with a permit;

8. Failure to provide advance notice of the transfer of business ownership of a permitted facility;

9. Failure to meet compliance schedules; or

10. Violation of any pretreatment standard or requirement, of any terms of the industrial wastewater discharge permit, or of this chapter.

B. Before revoking a permit, the director shall issue to the IU a notice of violation in accordance with Section 14.10.690. If the IU does not correct the violation within the time period specified in the notice, the director shall revoke the permit. An IU whose permit has been revoked may appeal the director's action pursuant to the procedures in Section 14.10.810.

(Ord. No. 1105 N.S., § 2 (Exh. A), 12-1-2020)