Williams Municipal Code Art. 6 Industrial Waste Discharge Permits

When requested by the public works director, a user shall submit information on the nature and characteristics of its wastewater within ninety days of the request. The public works director is authorized to prepare a form for this purpose and may periodically require users to update this information.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

A. No significant industrial user shall discharge wastewater into the city's collection system without first obtaining an industrial waste discharge permit, except that a significant industrial user that has filed a timely application pursuant to section 13.08.420 may continue to discharge for the time period specified therein.

B. The public works director may require other users to obtain industrial waste discharge permits as necessary to carry out the purposes of this chapter.

C. Any violation of the terms and conditions of an industrial waste discharge permit shall be deemed a violation of this chapter and subject to enforcement. Obtaining an industrial waste discharge permit does not relieve the user 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.

D. The public works director may, in lieu of an industrial waste discharge permit, issue a user a waste discharge authorization or enter into a special agreement.

1. A waste discharge authorization shall be issued for an indefinite time period, subject to review and reconsideration at the discretion of the public works director.

2. A special agreement shall be issued for a specified time period, set forth in the terms of the special agreement.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

Any user required to obtain an industrial waste discharge permit prior to the effective date of this chapter and who wishes to continue service, shall, within ninety days after said date, apply to the public works director for an industrial waste discharge permit in accordance with section 13.08.[440], and shall not cause or allow discharges to the city's collection system to continue after one hundred twenty days of the effective date of this chapter except in accordance with an industrial waste discharge permit issued by the public works director.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

Any user required to obtain an industrial waste discharge permit who proposes to begin or recommence discharging into the city's collection system shall apply for an industrial waste discharge permit prior to the beginning or recommencing of such discharge. An application, in accordance with section 13.08.[440], shall be filed at least sixty days prior to the date upon which any discharge will begin or commence.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

All users required to obtain an industrial waste discharge permit shall submit an industrial waste discharge permit application. The public works director may require all users to submit as part of an application the following information:

A. All information required in section 13.08.480;

B. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the city's collection system;

C. Number and type of employees, hours of operation, and proposed or actual hours of operation;

D. Each product produced by type, amount, process or processes, and rate of production;

E. Type and amount of raw materials processed (average and maximum per day);

F. 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;

G. Time and duration of discharges;

H. Any other information as may be deemed necessary by the public works director to evaluate the industrial waste discharge permit application; and

I. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

All industrial waste discharge permit applications and reports shall be signed by an authorized representative of the user and contain the following certification statement:

"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 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."

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

The public works director will evaluate the data furnished by the user and may require additional information. Within thirty days of receipt of a complete industrial waste discharge permit application, the public works director will determine whether or not to issue an industrial waste discharge permit. The public works director may deny any application for an industrial waste discharge permit.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

Industrial waste discharge permit shall be issued for a specified time period, not to exceed one year from the effective date of the permit. An industrial waste discharge permit may be issued for a period less than one year, at the discretion of the public works director. Each industrial waste discharge permit will indicate a specific date upon which it will expire.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

A. Industrial waste discharge permit shall include such conditions as are deemed reasonably necessary by the public works director to prevent pass through or interference, protect the quality of the water body receiving the WWTP's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the WWTP and the city's collection system.

Industrial waste discharge permits shall contain:

1. A statement that indicates industrial waste discharge permit duration, which in no event shall exceed five years;

2. A statement that the industrial waste discharge permit is nontransferable without prior approval to the city in accordance with section 13.08.[520], and provisions for furnishing the new owner or operator with a copy of the existing industrial waste discharge permit;

3. Effluent limitations based on applicable pretreatment standards;

4. Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, frequency, and sample type based on federal, state, and local law;

5. A statement of applicable civil and criminal penalties for violations 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.

B. Industrial waste 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 and maintenance of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the city's collection system;

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 routine discharges;

4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the city's collection system;

5. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the city's collection system;

6. Requirements for installation and maintenance of inspection and sampling facilities and equipment;

7. A statement that compliance with the industrial waste 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 waste discharge permit; and

8. Other conditions as deemed appropriate by the public works director to ensure compliance with this ordinance, and state and federal laws, rules, and regulations.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

The public works director may modify an industrial waste 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 discharger's operation processes, or wastewater volume or character since the time of industrial waste discharge permit issuance;

C. A change in the WWTP 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 collection system, city staff or the receiving waters;

E. Violation of any terms or conditions of the industrial waste discharge permit;

F. Misrepresentation or failure to fully disclose all relevant facts in the industrial waste discharge application or in any required reporting;

G. Revision of or a grant of variance from such categorical pretreatment standards pursuant to 40 CFR 403.13;

H. Correction of typographical or other errors in the industrial waste discharge permit; or

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

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

Industrial waste discharge permits may be transferred to a new owner or operator only upon approval of the public works director. Failure to provide advance notice of a transfer renders the industrial waste discharge permit void as of the date of facility transfer. The request to the public works director shall 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 waste discharge permit.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

A. Industrial waste discharge permit may be revoked for good cause including, but not limited to the following reasons:

1. Failure to provide prior notification to the public works director of changed conditions pursuant to section 13.08.[570];

2. Failure to accurately report the wastewater constituents and characteristics of its discharge;

3. Misrepresentation or failure to fully disclose all relevant facts in the industrial waste discharge application;

4. Falsifying self-monitoring reports;

5. Tampering with monitoring equipment;

6. Refusing to allow city staff timely access to the facility premises and records;

7. Failure to meet effluent limitations;

8. Failure to pay fines;

9. Failure to pay any fees or charges;

10. Failure to meet compliance schedules;

11. Failure to complete a wastewater survey or the industrial waste discharge application;

12. Failure to request and receive approval of the transfer of business ownership of a permitted facility; or

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

B. Industrial waste discharge permits shall be voidable upon cessation of operations or transfer of business ownership unless approved by the public works director. All industrial waste discharge permits issued to a particular user are void upon the issuance of a new industrial waste discharge permit to that user.

C. Industrial waste discharge permit revocation is subject to appeal procedures as set forth in article 8.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

Industrial waste discharge permits shall be renewed prior to its expiration. A user with an expiring industrial waste discharge permit shall apply for industrial waste discharge permit reissuance by submitting a complete industrial waste discharge application (or a statement signed by the responsible party that there are no changes to the application previously submitted), in accordance with section 13.08.[480], a minimum of sixty days prior to the expiration of the user's existing industrial waste discharge permit.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

A. Within either one hundred eighty days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the city's collection system shall submit to the public works director a report which contains the information listed in paragraph B, below. At least ninety days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the public works director a report which contains the information listed in paragraph B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants to be discharged.

B. Users described above shall submit the information set forth below:

1. Identifying information. The name and address of the facility, including the name of the operator and owner.

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

3. Description of operations. A brief description of the nature, average 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 city's collection system from the regulated processes.

4. Flow measurement. Information showing the measured average daily and maximum daily flow, in GPD, to the city's collection system from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).

5. Measurement of pollutants.

a. The categorical pretreatment standards applicable to each regulated process.

b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the public works director, of the regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 13.08.[620].

c. Sampling shall be performed in accordance with procedures set out in section 13.08.[630].

6. Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

7. Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section shall meet the requirements set out in section 13.08.[560].

8. Signature and certification. All baseline monitoring reports shall be signed and certified in accordance with section 13.08.[450].

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

The following conditions shall apply to the compliance schedule required by section 13.08.480(7):

A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);

B. No increment referred to above shall exceed nine months;

C. The user shall submit a progress report to the public works director no later than fourteen days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

D. In no event shall more than nine months elapse between such progress reports to the public works director.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

Within ninety days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the city's collection system, any user subject to such pretreatment standards and requirements shall submit to the public works director a report containing the information described in subsection 13.08.480(4)—(6). For users subject to equivalent mass or concentration limits, this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports shall be signed and certified in accordance with section 13.08.[450].

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

A. If a permitted user monitors any pollutant using the procedures prescribed in section 13.08.[630], the results of this monitoring shall, at a frequency determined by the public works director but in no case less than twice per year (in June and December), be reported. The report shall indicate the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All such reports shall be signed and certified in accordance with section 13.08.[450].

B. All wastewater samples shall be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

Each user shall notify the public works director of any planned significant changes to the user's operations or system which might alter the nature, classification from non-categorical to categorical, quality, or volume of its wastewater at least thirty days before change is made.

A. The public works director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of an industrial waste discharge application under section 13.08.[440].

B. The public works director may issue an industrial waste discharge permit under section 13.08.[460] or modify an existing industrial waste discharge permit under section 13.08.[490] in response to changed conditions or anticipated changed conditions.

C. For the purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent or greater, and the discharge of any previously unreported pollutants.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

Any industrial user shall give notice of the discharge of hazardous waste, as defined in 40 CFR Part 261, and in accordance with the pretreatment requirements in 40 CFR 403.12(p).

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the WWTP or the city's collection system, the user shall immediately telephone and notify the public works director of the incident. This notification shall include the location of the discharge, type of waste, concentration, and volume, if known, and corrective actions taken by the user.

B. Within five days following such discharge, the user shall, unless waived by the public works director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the city's collection system or WWTP, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this chapter.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

All users not required to obtain an industrial waste discharge permit shall provide appropriate reports to the public works director as they may require.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

If sampling performed by a user indicates a violation, the user shall notify the public works director within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the public works director within thirty days after becoming aware of the violation. The user is required to resample even if the city monitors at the user's facility at least once a month, or if the city samples between the user's initial sampling and when the user receives the results of this sampling.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

All pollutant analyses, including sampling techniques, to be submitted as part of a waste discharge application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the US EPA determines that the 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including US EPA-approved procedures or procedures approved by the public works director.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

A. Except as indicated in subsection B, below, the user shall collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the public works director may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds shall be obtained using grab collection techniques.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)

Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the public works director.

(Ord. No. 270-25, § 1(Exh. A), 5-21-2025)