Article VII — Waste Discharge Permit

When requested by the City Manager or designee, all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The City Manager or designee is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this chapter, or for imposing penalties as set out in RDMC § 13.10.457 through § 13.10.466.

(Ord. 286, 2012; Ord. 322 § 1, 2014)

• (1) Requirement.

  • (a) It shall be unlawful for any significant industrial user to discharge wastewater into the City's POTW without first obtaining a wastewater discharge permit from the City Manager or designee. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this chapter and subjects the wastewater discharge permittee to the enforcement actions set out in this chapter. Obtaining a 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.

  • (b) The City Manager or designee may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this chapter.

• (2) Existing Connections. Any significant industrial user which discharges industrial waste 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 45 days after said date, apply to the City for a wastewater discharge permit in accordance with RDMC § 13.10.437, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of the ordinance codified in this chapter except in accordance with a wastewater discharge permit issued by the City.

• (3) New Connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to discharging. An application for this wastewater discharge permit must be filed at least 45 days prior to the date upon which any discharge will begin.

• (4) A zero discharge permit may be issued to industrial users generating process wastewaters who would normally be subject to either this section or subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR, Chapter I, Subpart N, but are not discharging said waste stream(s) to the system. Zero discharge permit holders are subject to all applicable regulations under local, State, or Federal laws. Pursuant to this chapter, a statement of zero discharge must be submitted to the City annually.

• (Ord. 286, 2012; Ord. 322 § 1, 2014)

• (1) Contents. All industrial users required to have a wastewater discharge permit must submit a completed wastewater discharge permit application. The City Manager or designee shall approve a form to be used as a permit application. Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.

• (2) Application Signatories and Certification. All wastewater discharge permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user:

  • I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

• (3) Misleading, Incomplete or False Information. Any application submitted with information that is at any time determined to be materially misleading, incomplete or false may result in termination of the permit, disconnection of service, penalties under this chapter, as well as any other remedies provided by law.

• (Ord. 286, 2012; Ord. 322 § 1, 2014)

The City Manager or designee will evaluate the data furnished by the industrial user and may require additional information. Within 45 days of receipt of a complete wastewater discharge permit application, the City Manager or designee will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied. The City Manager or designee may deny any application for a wastewater discharge permit.

(Ord. 286, 2012; Ord. 322 § 1, 2014)

• (1) Wastewater discharge permits shall be issued for a specified time period, not to exceed five years, at the discretion of the City Manager or designee. Each wastewater discharge permit will indicate a specific date upon which it will expire.

• (2) A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with RDMC § 13.10.437 a minimum of 45 days prior to the expiration of the industrial user's existing wastewater discharge permit.

• (Ord. 286, 2012; Ord. 322 § 1, 2014)

Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the City Manager or designee 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, protect ambient air quality, and protect against damage to the POTW.

• (1) Wastewater discharge permits shall contain the following conditions:

  • (a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years.

  • (b) A statement that the wastewater discharge permit is nontransferable.

  • (c) Effluent limits applicable to the user based on applicable standards in Federal, State, and local law.

  • (d) Self-monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, or local law.

  • (e) Statement of applicable civil, criminal, and administrative 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.

  • (f) Requirements to control slug discharges, if determined by the POTW to be necessary.

• (2) Wastewater discharge permits may contain, but need not be limited to, the following:

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

  • (b) Limits on instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.

  • (c) 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.

  • (d) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.

  • (e) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

  • (f) The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW.

  • (g) Requirements for installation and maintenance of inspection and sampling facilities and equipment.

  • (h) 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 which become effective during the term of the wastewater discharge permit.

• (i) Other conditions as deemed appropriate by the City Manager or designee to ensure compliance with this chapter, and State and Federal laws, rules, and regulations.

• (Ord. 286, 2012; Ord. 322 § 1, 2014)

Any person, including the industrial user, may petition the City to reconsider the terms of a wastewater discharge permit within 10 days 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 wastewater discharge permit provisions objected to, the reason for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

• (3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal process.

• (4) If the City fails to act within 30 days, a request for reconsideration shall be deemed to be denied.

• (5) If the ruling made by the City Manager or designee is unsatisfactory to the person requesting reconsideration, they may, within 10 days after notification of such City action, file a written appeal to the Council. The written appeal shall be heard by the Council within 30 days after the date of filing. The Council shall make a final ruling on the appeal within 10 days after the close of the meeting.

• (Ord. 286, 2012; Ord. 322 § 1, 2014)

• (1) The City Manager or designee may modify the wastewater discharge permit with good cause including, but not limited to, the following:

  • (a) To incorporate any new or revised Federal, State, or local pretreatment standards or requirements;

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

  • (c) To address change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

  • (d) To address information indicating that permitted discharge poses a threat to the City's POTW, City personnel, or the receiving waters;

  • (e) For a violation of any terms or conditions of the wastewater discharge permit;

  • (f) For misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application nor in any required reporting;

  • (g) To address revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

  • (h) To correct typographical or other errors in the wastewater discharge permit; and

• (2) The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.

• (Ord. 286, 2012; Ord. 322 § 1, 2014)

Wastewater discharge permits may not be reassigned or transferred to a new owner. (Ord. 286, 2012; Ord. 322 § 1, 2014)

• (1) Wastewater discharge permits may be revoked for the following reasons:

  • (a) Failure to notify the City of significant changes to the wastewater prior to the changed discharge;

  • (b) Failure to provide notification to the City of changed conditions pursuant to RDMC § 13.10.449;

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

  • (d) Falsifying self-monitoring reports;

  • (e) Tampering with monitoring equipment;

  • (f) Refusing to allow the City 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 a permitted facility; or

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

• (2) Wastewater discharge permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit.

• (Ord. 286, 2012; Ord. 322 § 1, 2014)