§ 23-73. Industrial wastewater discharge permits.  


Latest version.
  • A. 
    Permits required. All significant industrial users proposing to connect to, or discharge into, any part of the wastewater system shall apply for and obtain an industrial wastewater discharge permit prior to commencing or continuing discharge to the POTW. A separate permit may be required for each industrial user, building or complex of buildings. Such significant industrial users shall immediately contact the City and obtain an industrial wastewater discharge permit.
    B. 
    New industrial users applying for an industrial wastewater discharge permit. Any industrial user required to obtain an industrial wastewater discharge permit who proposes to begin or recommence discharging into the POTW must apply for and obtain such permit prior to the beginning or recommencing of such discharge. The industrial user shall file a permit application on forms provided by the City containing the information specified in Subsection E, below. The completed application for the industrial wastewater discharge permit must be filed at least 90 days prior to the date upon which any discharge will begin or recommence.
    C. 
    Existing industrial users applying for an industrial wastewater discharge permit reissuance. An industrial user with an expiring industrial wastewater discharge permit shall apply for a new permit by submitting a complete permit application at least 90 days prior to the expiration of the industrial user's existing discharge permit. The industrial user shall file a permit application on forms provided by the City containing the information specified in Subsection E, below. An industrial user with an existing permit that has filed a complete and timely application may continue to discharge as approved in writing by the City through an administrative extension of the existing permit if the delay in permit issuance is not due to any act or failure to act on the industrial user's part.
    D. 
    Enforceability. Any violation of the terms and conditions of an industrial wastewater discharge permit, failure to apply for a permit as required, or discharging without a required permit shall be deemed a violation of this article and subjects the industrial user to enforcement by the City. Obtaining an Industrial Discharge Permit does not relieve a permittee of its obligation to comply with all state and federal pretreatment standards or requirements.
    E. 
    Permit application contents. In support of the application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
    (1) 
    Name of business, address of the facility, location of the discharge if different from facility address, and contact information of the authorized representative of the industrial user.
    (2) 
    Environmental permits. A list of any environmental control permits held by or for the facility.
    (3) 
    Description of operations.
    (a) 
    A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production);
    (b) 
    The Standard Industrial Classification(s) of the operation(s) carried out by such industrial user;
    (c) 
    A schematic process diagram, which indicates all process tanks, process lines, treatment systems, drains, and points of discharge to the POTW from the regulated process;
    (d) 
    Types of wastes generated;
    (e) 
    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 POTW;
    (f) 
    A list of hazardous waste(s) generated and a description of the storage area and procedures for the wastes;
    (g) 
    Number of employees; and
    (h) 
    Hours of operation, and proposed or actual hours of operation.
    (4) 
    Time and duration of discharges including the date the industrial user first began discharge or plans to discharge to the POTW.
    (5) 
    The location for sampling the wastewater discharges from the industrial user.
    (6) 
    Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other waste streams, as necessary, to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).
    (7) 
    Measurement of pollutants.
    (a) 
    The pretreatment standards applicable to each regulated process;
    (b) 
    The results of sampling and analysis identifying the nature and concentration, and/or mass of regulated pollutants in the discharge from each regulated process where required by the standard or by the City;
    (c) 
    Instaneous, daily maximum and long-term average concentrations, or mass, where required, shall be reported;
    (d) 
    The sample shall be representative of daily operations and shall be collected in accordance with procedures set out in § 23-76. Where the standard requires compliance with a BMP or pollution prevention alternative, the industrial user shall submit documentation as required by the City or the applicable standards to determine compliance with the standard; and
    (e) 
    Analyses must be performed in accordance with procedures set out in § 23-76.
    (8) 
    A list of hazardous waste(s) generated and a description of the storage area and procedures for the wastes.
    (9) 
    A slug discharge control plan for significant industrial users as described in § 23-77D shall be submitted. Other industrial users may be required to submit a slug control plan to the City.
    (10) 
    Compliance schedule. If additional pretreatment and/or operation and maintenance (O&M) will be required to meet the pretreatment standards, the shortest schedule by which the industrial 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. The following conditions shall apply to this schedule:
    (a) 
    The schedule shall contain increments of progress 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 industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). No such increment shall exceed nine months.
    (b) 
    Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the City Engineer including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the City Engineer.
    (11) 
    Certification. A statement, reviewed by an authorized representative of the industrial user and certified to 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 for the industrial user to meet the pretreatment standards and requirements.
    (12) 
    Signatory certification. All industrial wastewater discharge permit applications and certification statements must be signed by an authorized representative of the industrial user and contain the applicable certification statement(s) in § 23-77G.
    (13) 
    Any other information as may be deemed by the City Engineer to be necessary to evaluate the permit application.
    F. 
    Industrial wastewater discharge permit issuance.
    (1) 
    Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than five years at the City's discretion or may be stated to expire on a specific date.
    (2) 
    The City shall issue an industrial wastewater discharge permit to the applicant if the City finds that all of the following conditions are met:
    (a) 
    The applicant has provided a timely and complete permit application to the City;
    (b) 
    The proposed discharge by the applicant is in compliance with the limitations established in this article;
    (c) 
    The proposed operation and discharge of the applicant would permit the normal and efficient operation of the POTW; and
    (d) 
    The proposed discharge by the applicant would not result in a violation by the City of the terms and conditions of its WYPDES permit or cause or contribute to pass through or interference.
    (3) 
    If the City finds that the condition set out in Subsection F(2)(b) of this section is not met, the City may at its discretion, issue an industrial wastewater discharge permit to the applicant if the conditions set out in Subsection F(2)(a), (c) and (d) of this section have been met and if the applicant submits, and the City approves, a compliance schedule setting out the measures to be taken by the applicant and the dates that such measures will be implemented to insure compliance with applicable pretreatment standards. At no time shall a discharge be allowed to cause a violation of any general or specific prohibition established in § 23-71 nor shall the final compliance date for a categorical pretreatment standard be extended.
    G. 
    Denial by City to issue a permit.
    (1) 
    In the event the City denies an industrial user's request for a permit to discharge, the City Engineer shall notify the applicant in writing of such denial. Such notification shall state the grounds for such denial with that degree of specificity which will inform the applicant of the measures or actions which must be taken by the applicant prior to issuance of a permit.
    (2) 
    Upon receipt of notification of denial of permit issuance, the applicant may request reconsideration of the City's denial to issue a permit within 14 days of receipt of the City's original notification. The industrial user shall have the burden of establishing that the conditions set out in Subsection F(2) of this section have been met and that a permit should be issued.
    H. 
    Transferability. Industrial wastewater discharge permits are issued to a specific industrial user for a specific operation. An industrial wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new industrial user, different premises, or a new or changed operation without the prior written approval of the City. Any succeeding owner shall comply with the terms and conditions of the existing permit until a new permit is issued. The permittee shall notify the City at least 14 days prior to any change of ownership.
    I. 
    Industrial wastewater discharge permit conditions. Industrial wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the City. Permits may contain the following:
    (1) 
    A statement that indicates the permit's issuance date, expiration date and effective date;
    (2) 
    A statement on permit transferability;
    (3) 
    The unit charge or schedule of user charges and fees for the wastewater to be discharged into a public sewer;
    (4) 
    Limits on the average and/or maximum wastewater constituents and characteristics including, but not limited to, effluent limits, including best management practices, based upon applicable pretreatment standards;
    (5) 
    Limits on average and maximum rate and time of discharge or requirements for flow;
    (6) 
    Requirements for installation and maintenance of inspection and sampling facilities and equipment;
    (7) 
    Self-monitoring, sampling, reporting, notification and recordkeeping requirements including, but not limited to, identification of the pollutants to be monitored, sampling location, sampling frequency and sample type, based on federal, state and local law;
    (8) 
    Best management practices (BMPs) to control specific pollutants as necessary to meet the objectives of this article;
    (9) 
    Compliance schedules;
    (10) 
    Requirements for notification of the City of any new introduction of wastewater constituents or any significant change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
    (11) 
    Requirements to control and report any slug discharges and notify the City immediately of any changes at its facility affecting potential for a spill or slug discharge and to notify the POTW immediately in the event of a slug, spill or accidental discharge to the POTW;
    (12) 
    Statements of applicable administrative, civil and criminal penalties for the violation of pretreatment standards and requirements, the permit, this article, and any applicable compliance schedule;
    (13) 
    Requirements to reapply for a new permit prior to expiration of the existing permit;
    (14) 
    Additional monitoring to be reported;
    (15) 
    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;
    (16) 
    Closure requirements for permitted facilities undergoing partial or complete closure activities to ensure closure activities are completed and wastes have been property disposed and remaining access to sanitary and storm sewers are protected;
    (17) 
    Other conditions as deemed appropriate by the City or the City Engineer to ensure compliance with the article.
    J. 
    Industrial wastewater discharge permit modification. The industrial user shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. The notification of an industrial wastewater discharge permit modification does not stay any wastewater discharge permit condition. The City may modify an industrial discharge permit 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 industrial user's operation, processes, or wastewater volume or character since the time of the industrial discharge permit issuance;
    (3) 
    A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
    (4) 
    Information indicating that the permitted discharge poses a threat to the POTW, City personnel, or the receiving waters;
    (5) 
    Violation of any terms or conditions of the industrial discharge permit;
    (6) 
    Misrepresentations or failure to fully disclose all relevant facts in the industrial discharge permit application or in any required reporting;
    (7) 
    To reflect a transfer of the facility ownership and/or operation to a new owner/operator;
    (8) 
    To correct typographical or other errors in the industrial wastewater discharge permit; or
    (9) 
    Upon request of the permittee, provided such request does not result in a violation of any applicable pretreatment standards or requirements or this article. The filing of a request by the permittee for a permit modification does not stay any permit condition.
    K. 
    Industrial wastewater discharge permit revocation. A violation of the conditions of a permit or of this article or of applicable state and federal regulations shall be reason for revocation of such permit by the City. Upon revocation of the permit, any wastewater discharge from the affected industrial user shall be considered prohibited and in violation of this article. Grounds for revocation of a permit include, but are not limited to, the following:
    (1) 
    Failure of an industrial user to accurately disclose or report the wastewater constituents and characteristics of any discharge;
    (2) 
    Failure of the industrial user to report significant changes in operations or wastewater constituents and characteristics as required;
    (3) 
    Refusal of access to the industrial user's premises for the purpose of inspection or monitoring;
    (4) 
    Falsification of records, reports or monitoring results;
    (5) 
    Tampering with monitoring equipment;
    (6) 
    Misrepresentation or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application;
    (7) 
    Failure to pay fines or penalties;
    (8) 
    Failure to pay sewer charges, surcharges, or pretreatment programs fees;
    (9) 
    Failure to meet compliance schedules;
    (10) 
    Failure to provide advance notice of the transfer of business ownership of a permitted facility.
    (11) 
    Failure to provide required reports or other permit required reports or notifications within the time frame required by the City; or
    (12) 
    Violation of any pretreatment standard or requirement, or any terms of the industrial wastewater discharge permit or this article.
    L. 
    Special agreements and contracts. No statement contained in this article shall be construed as prohibiting special written agreements between the POTW and any industrial user allowing industrial waste or wastewater of unusual strength or character to be discharged to the POTW, provided said industrial user compensates the POTW for any additional costs of treatment. Such agreement, however, shall not allow or cause:
    (1) 
    Any adverse effect to the POTW;
    (2) 
    A violation of the POTW CPDS permit;
    (3) 
    A violation of a general or specific prohibition;
    (4) 
    A maximum allowable industrial load (MAIL) to be exceeded;
    (5) 
    A violation of state or federal law or regulation; or
    (6) 
    Provide any waiver to applicable Categorical Standards.