Chapter MH-4 — WASTEWATER DISCHARGE PERMITS

Sections:

MH-5-6401 - WASTEWATER ANALYSIS.

When requested by the District, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The District may prepare a form for this purpose and require users to update this information periodically.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6402 - WASTEWATER DISCHARGE PERMIT REQUIREMENT.

(a)

No significant industrial user shall discharge industrial wastewaters directly or indirectly to the District's sewer system except in accordance with a wastewater discharge permit issued by the District. The SIU shall obtain the wastewater discharge permit before the SIU commences any construction of new or modified facilities that will discharge the industrial wastewater into the sewerage system.

(b)

The District may require other users to obtain wastewater discharge permits as necessary to carry out the purpose of this Ordinance.

(c)

Any violation of the terms and conditions of a wastewater discharge permit is a violation of this Ordinance and subjects the wastewater discharge permittee to enforcement remedies provided for in Section MH-5- 6901. 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, or local law.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6403 - NEW CONNECTIONS.

Any user required to obtain a wastewater discharge permit that proposes to begin or recommence discharging into the POTW must obtain the wastewater discharge permit before the user begins or recommences such discharge. The user must file an application for the wastewater discharge permit at least one hundred eighty (180) days before the date upon which any discharge will begin or recommence.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6404 - WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS.

(a)

All users required to obtain a wastewater discharge permit must submit an application on a form supplied by the District. The application may require the following information:

(1)

Identifying Information. The name and address of the facility (including the name of the operator and owner); contact information; and a description of activities, facilities, and plant production processes on the premises;

(2)

Environmental Permits. A list of any environmental control permits held by or for the facility;

(3)

Description of Operations. (i) A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes; (ii) types of wastes generated and a list of all raw materials and chemicals used or stored at the facility which are or could be accidentally or intentionally discharged to the POTW; (iii) number and type of employees, hours of operation, and proposed or actual hours of operation; (iv) type and amount of raw materials processed (average and maximum per day); and (iv) site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

(4)

Discharge Information. Time and duration of discharges;

(5)

Monitoring Information. The location for monitoring all wastes covered by the wastewater discharge permit;

(6)

Measurement of Flow. Information showing the measured average daily and maximum daily flow in gallons per day to the POTW from regulated process streams and other streams as necessary to allow use of the combined wastestream formula;

(7)

Measurement of Pollutants. (i) The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources; (ii) the results of sampling and analysis

that identifies the nature and concentration and/or mass (where required by the pretreatment standard or District) of regulated pollutants in the discharge from each regulated process; (iii) instantaneous, daily average, and long-term average concentrations, or mass shall be reported where required; (iv) the sample shall be representative of daily operations and shall be analyzed in accordance with procedures set forth in this Ordinance. Where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the District or the applicable pretreatment standards to determine compliance with any such standard; and (v) sampling must be performed in accordance with the procedures set forth in Section MH-5-6512 of this Ordinance; and

(8)

Any other information that the District deems necessary to evaluate the wastewater discharge permit application.

(b)

The District will not process incomplete or inaccurate applications and will return any such application to the user for revision.

(c)

The District may assess a wastewater discharge permit fee payable to the District prior to the discharge.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6405 - APPLICATION SIGNATORIES AND CERTIFICATIONS.

All wastewater discharge permit applications, user reports and certification statements must be signed by a duly authorized representative of the user and contain the certification statement in Section MH-5-6515. If the designation of a duly authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or the company's environmental matters, a new written authorization that satisfies the requirements of this Section must be submitted to the District prior to or together with any reports to be signed by a duly authorized representative of the user.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6406 - WASTEWATER DISCHARGE PERMIT DECISIONS.

The District will evaluate the data furnished by the user and may require additional information. Within ninety (90) days of receipt of a complete wastewater discharge permit application, the District will determine whether to issue a wastewater discharge permit. The District may deny any application for a wastewater discharge permit.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6407 - DURATION OF PERMIT.

The District shall issue a wastewater discharge permit for a specified time period not to exceed five (5) years from the effective date of the permit. The District may exercise its discretion to issue a wastewater discharge

permit for a period of less than five (5) years. Each wastewater discharge permit shall indicate a specific date upon which the permit expires.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6408 - CONTENTS OF PERMIT.

(a)

A wastewater discharge permit shall include such conditions as the District deems reasonably necessary 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.

(b)

Wastewater discharge permits must contain the following:

(1)

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

(2)

A statement that the permittee may not transfer the wastewater discharge permit without prior notification to the District in accordance with Section MH-5-6412 of this Ordinance and furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(3)

Effluent limits (including BMPs) based on applicable pretreatment standards;

(4)

Self monitoring, sampling, reporting, notification, and recordkeeping requirements, which shall identify the pollutants (or BMPs) 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 District to be necessary; and

(7)

A statement that the District has the right to enter the property to inspect, monitor, collect samples, and inspect and copy monitoring and discharge records.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6409 - WASTEWATER DISCHARGE PERMITS.

Wastewater discharge permits may contain 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)

Requirements for the user to install pretreatment technology or pollution control or construct appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW;

(c)

Requirements for the user to develop and implement spill control plans or other special conditions that include management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;

(d)

Requirements for the user to develop and implement waste minimization plans to reduce the amount of pollutants discharged to the POTW;

(e)

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

(f)

Requirements for the user to install and maintain inspection and sampling facilities and equipment (including flow measurement devices);

(g)

A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable pretreatment standards, including those that take effect during the term of the wastewater discharge permit;

(h)

Notification requirements;

(i)

Signatory requirements; and

(j)

Other conditions that the District deems appropriate to ensure compliance with this Ordinance or federal, State, or local law.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6410 - PROCESS.

(a)

Public Notification. At least thirty (30) days prior to issuance, the District will publish a notice to issue a wastewater discharge permit in an official government publication and/or newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW or on the District's web page. The notice will indicate where any interested party may review the draft permit and submit written comments.

(b)

Permit Appeals. The District shall provide public notice of the issuance of a wastewater discharge permit. Any person, including the user, may petition the District to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of the permit's issuance.

(1)

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

(2)

The petition for appeal must indicate the wastewater discharge permit provisions objected to, reasons for the objection, and alternative condition, if any, the petitioner seeks to place in the permit.

(3)

The District shall not stay the effectiveness of the wastewater discharge permit pending its appeal.

(4)

If the District fails to act within ninety (90) days, a request for reconsideration shall be deemed denied. Decisions not to reconsider, issue, or modify a wastewater discharge permit are final administrative actions for purposes of judicial review.

(5)

Aggrieved parties that seek judicial review of a final administrative wastewater discharge permit decision must do so by filing a complaint with the appropriate California Superior Court.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6411 - MODIFICATION.

The District may modify the terms or conditions of a wastewater discharge permit for good cause. Examples of good cause are as follows:

(a)

To incorporate any new or revised federal, State, or local pretreatment standard or requirement;

(b)

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

(c)

A change in the POTW that requires the user to reduce or eliminate temporarily or permanently the authorized discharge;

(d)

Information that indicates the permitted discharge poses a threat to the District's POTW or personnel or the receiving waters;

(e)

Violation of any terms or conditions of the permit;

(f)

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

(g)

Revision or grant of variance from categorical pretreatment standards in accordance with 40 CFR Section 403.13;

(h)

To correct typographical or other errors in the permit; or

(i)

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section MH-5-6412.

The District shall inform the user of proposed changes in the wastewater discharge permit issued by personal service or registered or certified mail at least thirty (30) days prior to the effective date of the permit change(s). As appropriate, the District may include in the modified permit a reasonable schedule for the User to achieve compliance with the change(s).

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6412 - TRANSFER.

Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least forty-five (45) days advance notice to the District of the transfer and the District provides written approval of the permit transfer. The notice to the District 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 or processes, including discharge locations;

(b)

Identifies the specific date on which the transfer is to occur; and

(c)

Acknowledges that the new owner or operator accepts full responsibility for complying with the permit.

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

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6413 - REISSUANCE.

A user with an expiring wastewater discharge permit shall apply for permit reissuance by submitting a complete permit application in accordance with Sections MH-5-6404 and MH-5-6407 of this Ordinance at least one hundred eighty (180) days prior to the expiration of the existing permit.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)

MH-5-6414 - IMPROPER USE.

This Ordinance prohibits the use of a sewer connection that is the subject of a wastewater discharge permit by anyone other than the person named in the permit except in accordance with Section MH-5-6412.

(Ord. 4353 § 1 (part), 2008; Ord. 4360 § 1 (part), 2008)