Windsor Municipal Code Art. 3 Wastewater Discharge Permits

The General Manager will classify all users in accordance with the principal activity conducted on the premises where the discharge occurs. The purpose of the classification is to facilitate regulation of discharges to the wastewater collection system on the basis of each user's waste quality, quantity, and flow; to provide an effective means of source control of toxic substances; and to provide a basis for sewer use charges to insure an equitable recovery of capital and operating costs. User permit classifications are as follows:

a. Nonresidential User. Users that discharge nondomestic wastewater to the POTW and do not meet the criteria of Significant Industrial User.

b. Zero Discharger. Users who do not discharge to the POTW, except domestic wastewater, do not have pollutants resulting from any commercial or industrial process, have no floor drains, and do not generate wastewater.

c. Significant Industrial User. See Article 5 Definitions.

d. Ongoing Groundwater Discharger. Users that discharge wastewater generated from groundwater remediation projects in excess of six (6) months.

e. One Time Discharger. Users that discharge wastewater generated as a result of purging monitoring wells, dewatering underground storage tanks, groundwater sampling, or for a variety of other reasons for projects that will not exceed six (6) months.

f. Waste Hauler. Haulers that service domestic waste systems. Such systems include septic tanks, cesspools, chemical toilets, trailers, or campers.

Residential users under normal circumstances will not be required to apply for or receive a Wastewater Discharge Permit as defined in this title, providing that said user discharges only domestic wastewater.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

a. No SIU or nonresidential user shall discharge wastewater into the POTW without first obtaining a Wastewater Discharge Permit from the General Manager, except when the SIU has filed a timely application and their Wastewater Discharge Permit is pending finalization.

b. The General Manager may require other users to obtain a Wastewater Discharge Permit as necessary to carry out the purposes of this title.

c. Any violation of the terms and conditions of a Wastewater Discharge Permit shall be deemed a violation of this title. Obtaining a Wastewater Discharge Permit does not relieve a user of its obligation to comply with all Federal and State pretreatment standards or requirements with any Federal, State and local law.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

Any unpermitted user not previously required to obtain a Wastewater Discharge Permit, who was discharging to the POTW prior to the effective date of this title, and who wishes to continue such discharges in the future, shall, within thirty (30) days after the effective date of this title, apply to the General Manager for a Wastewater Discharge Permit in accordance with this title. The user shall not cause or allow discharges to the POTW to continue after thirty (30) days of the effective date of this section except in accordance with a Wastewater Discharge Permit issued by the General Manager. Permits issued by the General Manager, pursuant to prior pretreatment requirements, shall remain valid for their stated terms or until terminated or amended pursuant to this title.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

Any user who is required to obtain a Wastewater Discharge Permit and who proposes to begin or recommence discharging into the POTW shall obtain such permits prior to the beginning or recommencing of such discharge. An application for this Wastewater Discharge Permit shall be filed a minimum of sixty (60) days prior to the date upon which any discharge will begin or recommence. All new industrial users shall arrange for the General Manager to conduct a walk-through site inspection of the user's facilities during the sixty (60) day period prior to connecting or contributing wastewater to the District's POTW.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

The General Manager may require all users to submit either independently, or as part of an application, the following information:

a. Identifying Information. The name and address of the facility, including the name of the operator and owner.

b. General Facility Description. SIC numbers, hours of operation, principle business activities, products produced and/or services provided at this facility, number and type of employees, and proposed or actual hours of operation.

c. Environmental Control Permits. A list of any environmental control permits held by or for the facility including permitting agency, permit type, and identification number.

d. Description of Operations. Facilities and plant operations/processes, wastewater generating activities, type and amount of raw materials processed (average and maximum per day) and disposal methods, each product produced by type, amount, process or processes, and rate of production, time(s), and duration of all process discharges.

e. Facility Layout. Facility layout including floor plans, mechanical and plumbing plans, process flow, and details to show all sewers, floor drains, and appurtenances by size, location and elevation, and discharge locations.

f. Flow Measurement. Measured or estimated average and maximum daily flow, monthly average, annual average, and seasonal variations of wastewater flow rates in gallons per day to the District POTW from regulated process streams and other streams as necessary to use the combined wastestream formula or flow weighted average formula.

g. Pollutant Measurement. Wastewater constituents and characteristics measured or estimated, including any pollutants in the discharge which are limited by any federal, state, or local standards, or pretreatment standards applicable to each regulated process; and nature and concentration (or mass if pretreatment standard requires) of regulated pollutants in each regulated process (daily maximum and average concentration or mass when required by a pretreatment standard). Sampling and analysis will be undertaken in accordance with 40 CFR Part 136.

h. Compliance Certification. A certification statement reviewed by an authorized representative of the user and certified by a qualified professional indicating whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance and/or additional pretreatment are necessary for the user to meet pretreatment standards and requirements. [40 CFR Part 403.12(b)(6)]

i. Other Information. Any other information as may be deemed by the General Manager to evaluate the permit application. Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.

(Ord. No. 2010-263, Exh. A, 7-7-2010; Ord. No. 2021-75-WWD, § 1, 3-3-2021)

All Wastewater Discharge Permit applications shall be signed by a responsible corporate officer, general partner, proprietor, or duly authorized representative of the user and contain the following certification statement: [40 CFR Part 403.12(l) or as amended.]

"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." [40 CFR Part 403.6(a)(2)(ii) or as amended.]

(Ord. No. 2010-263, Exh. A, 7-7-2010)

The Wastewater Discharge Permit shall be issued upon final inspection and acceptance of construction of the connection and, when required, upon the application and issuance of a Wastewater Discharge Permit. The General Manager shall provide notice of the issuance of a Wastewater Discharge Permit to the applicant. Any permit applicant may petition the General Manager to reconsider terms of a Wastewater Discharge Permit in conformance with the terms of Section 12-4-350 Wastewater Discharge Permit Appeals.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

Each Wastewater Discharge Permit will indicate a specific date upon which it will expire, not to exceed five (5) years from the effective date of the Permit. The user shall apply for a Wastewater Discharge Permit reissuance a minimum of ninety (90) days prior to the expiration of the user's existing Wastewater Discharge Permit. Expiration of a Wastewater Discharge Permit does not relieve the discharger of requirements outlined in their existing Wastewater Discharge Permit.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

A Wastewater Discharge Permit shall include such conditions as are deemed reasonably necessary by the General Manager 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 will contain provisions, requirements, and standards appropriate to carry out the objectives of this title, including, but not limited to the following:

1. A statement that indicates Wastewater Discharge Permit duration, which shall not exceed five (5) years for SIU and categorical users;

2. A statement that the Wastewater Discharge Permit is nontransferable as stated in Section 12-4-345, Wastewater Discharge Permit Transfer. Any new user or new owner must apply for a new Wastewater Discharge Permit and receive prior approval from the General Manager before discharging to the sewer;

3. Effluent limits based on applicable pretreatment standards;

4. Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, sample type based on pretreatment standards, and retention of records for three (3) years;

5. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the time for compliance beyond that required by applicable Federal, State, or local law;

b. Wastewater Discharge Permits may contain provisions, requirements, and standards appropriate to carry out the objectives of this title, including, but not limited to the following:

1. Limits on the average and maximum wastewater constituents and characteristics. These limits may be based on pollutant concentration and/or mass and may include prohibitions on discharge of said pollutants;

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

3. Implementation of Best Management Practices or Best Available Technology as determined by the General Manager.

(a) 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;

(b) Requirements for the development and implementation of spill control plans, Toxic Organic Management Plan or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

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

(d) Requirements for installation and maintenance of inspection, sampling and flow metering facilities, and other related monitoring equipment and three (3) years of records retention;

(e) A statement that compliance with the Wastewater Discharge Permit does not relieve the user 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;

(f) Requirements for reporting compliance schedules, self-monitoring, change in conditions, change in discharge including slug loads, bypass, process changes and chemical changes, and automatic resampling;

(g) The prohibition of dilution as a partial or complete substitute for adequate pretreatment to achieve compliance with the Wastewater Discharge Permit conditions;

(h) Signatory requirements specifying the responsible corporate officer for the industrial user;

(i) Payment of additional charges as stated in Section 12-4-125, Sewer Charges and Regulations;

(j) Other conditions as deemed appropriate by the General Manager to ensure compliance with this title, and State and Federal laws, rules, and regulations or the terms of the permit.

(Ord. No. 2010-263, Exh. A, 7-7-2010; Ord. No. 2021-75-WWD, § 2, 3-3-2021)

The General Manager 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 POTW, personnel, or the receiving waters;

e. Violation of any terms or conditions of the wastewater discharge or this title;

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 pursuant to 40 CFR Part 403.13; or

h. To correct typographical or other errors in the Wastewater Discharge Permit.

The filing of a request by the user for a permit modification does not stay any permit condition.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

Wastewater discharge permits are issued to a specific user for a specific operation. A Wastewater Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation. However, nothing in this section shall be construed to prevent the application of the terms and conditions of this title, including enforcement penalties, from applying to a succeeding owner, successor in interest, or other assigns of an existing contract or Wastewater Discharge Permit holder.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

If the discharger or applicant for a permit is dissatisfied with the decision, enforcement action, permit terms or determination made by the General Manager, he may, within thirty (30) days after receipt of said ruling by the General Manager, appeal said ruling by giving written notice of the basis of his appeal to the Board of Directors. The Board shall, within thirty (30) days after receipt of said written notice of appeal, make a final determination of the issue submitted.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

Wastewater Discharge Permits may be revoked or user's service may be terminated when any provision of this chapter is violated.

Such users will be notified of the proposed termination of its discharge and be offered an opportunity to show cause pursuant to Section 12-4-463 why the proposed action should not be taken. Exercise of this option by the General Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. No. 2010-263, Exh. A, 7-7-2010; Ord. No. 2018-74, § 1, 3-7-2018)

The District may adopt reasonable fees for reimbursement of costs of setting up and operating the District's industrial wastewater program which may include:

a. Fees for Industrial Wastewater Discharge Permit applications including the cost of processing such applications;

b. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;

c. Fees for reviewing and responding to accidental discharge procedures and construction;

d. Fees for filing appeals; and

e. Other fees as the District may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this title and are separate from all other fees, fines, and penalties chargeable by the District.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

The General Manager may require any Significant Industrial User or other user to develop a slug control plan. Before issuance of a Wastewater Discharge Permit, the General Manager shall determine whether a user needs such a plan. Any user required to develop and implement slug control plan shall submit, at a minimum, the following:

a. Description of discharge practices, including nonroutine batch discharges.

b. Description of stored chemicals.

c. Procedures for immediately notifying the General Manager of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges.

d. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

In the case of an accidental spill/or slug discharge, refer to Section 12-4-415 Accidental Discharges.

(Ord. No. 2010-263, Exh. A, 7-7-2010)

The District may change the restrictions or conditions of a Wastewater Discharge Permit from time to time as circumstances may require. The District shall allow a discharger a reasonable period of time to comply with any changes in the Wastewater Permit required by the District or regulatory agencies of the State and Federal governments.

(Ord. No. 2010-263, Exh. A, 7-7-2010)