CHAPTER 14.17
SANITARY CODE – INDIVIDUAL WASTEWATER DISCHARGE PERMIT AND GENERAL PERMIT
Section
14.17.010 Individual wastewater discharge permit and general permit requirement
14.17.020 Permit application contents
14.17.030 Application signatories and certifications
14.17.040 Permit issuance process
14.17.050 Wastewater discharge permitting – General permit
14.17.060 Individual wastewater discharge permit and general permit contents
14.17.080 Individual wastewater discharge permit and general permit revocation
14.17.090 Individual wastewater discharge permit and general permit reissuance
14.17.100 Individual wastewater discharge permit and general permit duration
14.17.110 Individual wastewater discharge permit and general permit transfer
14.17.120 Monitoring facilities
14.17.130 Inspection and sampling
14.17.140 Confidential information
14.17.150 Publication of industrial users in significant noncompliance permit modification
14.17.010 INDIVIDUAL WASTEWATER DISCHARGE PERMIT AND GENERAL PERMIT REQUIREMENT.
No significant industrial user (SIU) shall discharge wastewater into the sanitary sewer works without first obtaining an individual wastewater discharge permit or a general permit from the District Manager, except that a SIU that has filed a timely application pursuant to subsection (A) of this section may continue to discharge for the time period specified therein.
The District Manager may require other users to obtain individual wastewater discharge permits or general permits as necessary to carry out the purposes of the Sanitary Code.
Any violation of the terms and conditions of an individual wastewater discharge permit or a general permit shall be deemed a violation of the Sanitary Code and subject the wastewater discharge permittee to the sanctions set out in Chapter 14.36 and § 14.17.150. Obtaining an individual wastewater discharge permit or a general 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.
A zero discharge permit may be issued to industrial users (IU) generating process wastewaters who would normally be subject to either this chapter or Chapter 14.18 or subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subpart N, but are not discharging said wastestream(s) to the system. Zero discharge permit holders are subject to all applicable regulations under local, state, or federal laws. Pursuant to Chapter 14.16, a statement of zero discharge must be submitted to the District annually.
A. Individual Wastewater Discharge and General Permitting – Existing Connections. Any user required to obtain an individual wastewater discharge permit or a general permit who was discharging wastewater into the sanitary sewer works 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 District Manager for an individual wastewater discharge permit or a general permit in accordance with § 14.17.020, and shall not cause or allow discharges to the sanitary sewer works to continue after 90 days of the effective date of the ordinance codified in this chapter except in accordance with an individual wastewater discharge permit or a general permit issued by the District Manager.
B. Individual Wastewater Discharge and General Permitting – New Connections. Any user required to obtain an individual wastewater discharge permit or a general permit who proposes to begin or recommence discharging into the sanitary sewer works must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit or general permit, in accordance with § 14.17.020, must be filed at least 45 days prior to the date upon which any discharge will begin or recommence.
(Ord. 911, § 2, passed 08-24-2015)
14.17.020 PERMIT APPLICATION CONTENTS.
Applicants for an individual or general wastewater discharge permit shall complete an application, in the form prescribed by the District. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information:
A. The name and address of the facility, including the name of the operator and owner, and the standard industrial classifications (SIC) code;
B. Volume of wastewater to be discharged;
C. Wastewater constituents and characteristics including but not limited to those mentioned in Chapter 14.16 as determined by a laboratory approved by the District;
D. Time and duration of discharge;
E. Average and 30-minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
F. Site plans, floor plans, mechanical and plumbing plans and details to show all drains, sewers, and appurtenances by size, location and elevation;
G. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and SIC of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the sanitary sewer works from the regulated processes and types of materials which are or could be discharged;
H. Number and type of employees, and hours of work;
I. Any other information as may be deemed by the District to be necessary to evaluate the permit application;
J. Environmental Permits. A list of any environmental control permits held by or for the facility;
K. Flow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the sanitary sewer works from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e);
L. Measurement of Pollutants.
1. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the District Manager, of regulated pollutants in the discharge from each regulated process.
3. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
4. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 14.16.090(D). Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the District Manager or the applicable standards to determine compliance with the standard.
5. Sampling must be performed in accordance with procedures set out in § 14.18.130.
(Ord. 911, § 2, passed 08-24-2015)
14.17.030 APPLICATION SIGNATORIES AND CERTIFICATIONS.
A. All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in § 14.18.120(A).
B. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the District Manager prior to or together with any reports to be signed by an authorized representative.
C. A facility determined to be a nonsignificant categorical industrial user (defined in § 14.12.010, significant industrial user) by the District Manager must annually submit the signed certification statement in § 14.18.120(B) (Note: See 40 CFR 403.3(v)(2)).
(Ord. 911, § 2, passed 08-24-2015)
14.17.040 PERMIT ISSUANCE PROCESS.
The District Manager will evaluate the data furnished by the user in § 14.17.020 and may require additional information. Within 45 days of receipt of a complete permit application, including additional information requested, the District Manager determines whether or not to issue an individual wastewater discharge permit or a general permit. If no determination is made within the time period, the application will be deemed denied. The District Manager may deny any application for an individual wastewater discharge permit or a general permit.
(Ord. 911, § 2, passed 08-24-2015)
14.17.050 WASTEWATER DISCHARGE PERMITTING – GENERAL PERMIT.
A. At the discretion of the District Manager, the District may use general permits to control SIU discharges to the sanitary sewer works if the following conditions are met. All facilities to be covered by a general permit must:
1. Involve the same or substantially similar types of operations;
2. Discharge the same types of wastes;
3. Require the same effluent limitations;
4. Require the same or similar monitoring; and
5. In the opinion of the District Manager, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
B. To be covered by the general permit, the SIU must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, and the location for monitoring all wastes covered by the general permit.
C. The District Manager will retain a copy of the general permit, documentation to support the sanitary sewer works determination that a specific SIU meets the criteria in § 14.17.060(A)(1) through (5) and applicable state regulations, and a copy of the user’s written request for coverage for 3 years after the expiration of the general permit. (Note: See 40 CFR 403.8(f)(1)(iii)(A)(1) through (5).)
D. The District Manager may not control an SIU through a general permit where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the combined wastestream formula in 40 CFR 403.6(e) or net/gross calculations in 40 CFR 403.15.
(Ord. 911, § 2, passed 08-24-2015)
14.17.060 INDIVIDUAL WASTEWATER DISCHARGE PERMIT AND GENERAL PERMIT CONTENTS.
An individual wastewater discharge permit or a general permit shall include such conditions as are deemed reasonably necessary by the District Manager to prevent pass through or interference, protect the quality of the water body receiving the WWTF’s effluent, protect worker health and safety, facilitate biosolids management and disposal, and protect against damage to the sanitary sewer works.
A. Individual wastewater discharge permits and general permits must contain:
1. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;
2. A statement that the wastewater discharge permit is nontransferable in accordance with § 14.17.110;
3. Effluent limits, including BMPs, based on applicable pretreatment standards;
4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or BMP) 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.
B. Individual wastewater discharge permits and general permits may contain:
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 of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the sanitary sewer works;
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 nonroutine discharges;
4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the sanitary sewer works;
5. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the sanitary sewer works;
6. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;
7. A statement that compliance with the individual wastewater discharge permit or the general 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 individual wastewater discharge permit or the general permit; and
8. Other conditions as deemed appropriate by the District Manager to ensure compliance with the Sanitary Code, state and federal laws, and local rules.
(Ord. 911, § 2, passed 08-24-2015)
14.17.070 PERMIT MODIFICATION.
A. The District Manager may modify an individual wastewater 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 user’s operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;
3. A change in the sanitary sewer works 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 District’s sanitary sewer works, District personnel, or the receiving waters;
5. Violation of any terms or conditions of the individual wastewater discharge permit;
6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
7. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; or
8. To correct typographical or other errors in the individual wastewater discharge permit.
B. The District Manager may modify a general 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. A change in the sanitary sewer works that requires either a temporary or permanent reduction or elimination of the authorized discharge;
3. To correct typographical or other errors in the individual wastewater discharge permit.
(Ord. 911, § 2, passed 08-24-2015)
14.17.080 INDIVIDUAL WASTEWATER DISCHARGE PERMIT AND GENERAL PERMIT REVOCATION.
The District Manager may revoke an individual wastewater discharge permit or coverage under a general permit for good cause, including, but not limited to, the following reasons:
A. Failure to notify the District Manager of significant changes to the wastewater prior to the changed discharge;
B. Failure to provide prior notification to the District Manager of changed conditions pursuant to § 14.18.060;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
D. Falsifying self-monitoring reports and certification statements;
E. Tampering with monitoring equipment;
F. Refusing to allow the District Manager timely access to the facility premises and records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay wastewater charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit application;
L. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the general permit or this chapter.
Individual wastewater discharge permits or coverage under general permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits or general permits issued to a user are void upon the issuance of a new individual wastewater discharge permit or a general permit to that user.
(Ord. 911, § 2, passed 08-24-2015)
14.17.090 INDIVIDUAL WASTEWATER DISCHARGE PERMIT AND GENERAL PERMIT REISSUANCE.
A user with an expiring individual wastewater discharge permit or general permit shall apply for individual wastewater discharge permit or general permit reissuance by submitting a complete permit application, in accordance with § 14.17.020, a minimum of 45 days prior to the expiration of the user’s existing individual wastewater discharge permit or general permit.
(Ord. 911, § 2, passed 08-24-2015)
14.17.100 INDIVIDUAL WASTEWATER DISCHARGE PERMIT AND GENERAL PERMIT DURATION.
Individual wastewater discharge permits shall be issued for a specified time period, not to exceed 5 years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. Each individual wastewater discharge permit or a general permit will indicate a specific date upon which it will expire. The terms and conditions of the permit may be subject to modification and change by the District during the life of the permit as limitations or requirements as identified in Chapter 14.16 are modified and changed. The user shall be informed of any proposed changes in his or her permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Any user proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are being discharged into the system shall notify the District at least 45 days prior to the proposed change or connection.
(Ord. 911, § 2, passed 08-24-2015)
14.17.110 INDIVIDUAL WASTEWATER DISCHARGE PERMIT AND GENERAL PERMIT TRANSFER.
Individual wastewater discharge permits are issued to a specific user for a specific operation. Individual wastewater discharge permits shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation.
(Ord. 911, § 2, passed 08-24-2015)
14.17.120 MONITORING FACILITIES.
Users who propose to discharge, or who in the judgment of the District could discharge now or in the future, wastewater with constituents and characteristics different from that produced by a domestic premises may be required to install a monitoring facility. When more than 1 user can discharge into a common sewer lateral, the District may require installation of a separate monitoring facility for each user. Also when, in the judgment of the District, there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the District may require that separate monitoring facilities be installed for each separate discharge.
Monitoring facilities that are required to be installed shall be constructed, operated and maintained at the user’s expense. The purpose of the facility is to enable inspection, sampling and flow measurement of wastewaters produced by a user. If sampling or metering equipment is also required by the District, it shall be provided, installed and operated at the user’s expense. The monitoring facility will normally be required to be located on the user’s premises outside of the building. The District may, however, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area, with the approval of the public agency having jurisdiction over that street or sidewalk, and located so that it will not be obstructed by landscaping or parked vehicles.
If the monitoring facility is inside the user’s fence, there shall be accommodations to allow safe and immediate access for District personnel, such as a gate secured with a District lock. There shall be ample room in or near such facility to allow accurate sampling and compositing of samples for analysis. The entire facility and the sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition by and at the expense of the user.
When constructed on public or private property, the monitoring facilities shall be constructed in accordance with the District’s requirements and all applicable local agency construction standards and specifications.
When, in the judgment of the District, an existing user requires a monitoring facility, the user will be so notified in writing. Construction must be completed within 90 days following written notification unless a time extension is otherwise granted by the District.
All industries discharging into a public sewer shall perform such monitoring of their discharges as the District and/or other duly authorized employees of the District may reasonably require. This may include installation, use, and maintenance of monitoring equipment, with the appropriate documentation of such activities. Monitoring documentation shall be made available upon request by the District and to other agencies having jurisdiction over discharges to the receiving waters.
(Ord. 911, § 2, passed 08-24-2015)
14.17.130 INSPECTION AND SAMPLING.
The District may inspect the facilities of any user to ascertain whether the purpose of the Sanitary Code is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the District ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling or in the performance of any of their duties. The District shall have the right to set up on the user’s property such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the District will be permitted to enter without delay for the purposes of performing their specific responsibilities.
(Ord. 911, § 2, passed 08-24-2015)
14.17.140 CONFIDENTIAL INFORMATION.
All information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or any other governmental agency without restrictions unless the user specifically requests and is able to demonstrate, to the satisfaction of the District, that the release of such information would divulge information, processes or methods which would be detrimental to the user’s competitive position.
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available to governmental agencies for use in making studies; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the District as confidential shall not be transmitted to any governmental agency or to the general public by the District until and unless prior and adequate notification is given to the user.
(Ord. 911, § 2, passed 08-24-2015)
14.17.150 PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOMPLIANCE PERMIT MODIFICATION.
The District Manager may publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the District, a list of the SIUs which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term “significant noncompliance” shall be applicable to all SIUs (or any other industrial user that violates subsection (C), (D) or (H) of this section) and shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter during a 6-month period exceed (by any magnitude) a numeric pretreatment standard or requirement;
B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a 6-month period equals or exceeds the product of the numeric pretreatment standard or requirement multiplied by the applicable criteria (1.4 for BOD, TSS, FOG, and 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment standard or requirement as defined by Chapter 14.16 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the District Manager determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of sanitary sewer works personnel or the general public;
D. Any discharge of a pollutant that has caused imminent endangerment to the public or the environment, or has resulted in the District Manager’s exercise of its emergency authority to halt or prevent such a discharge;
E. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or a general permit or enforcement order for starting construction, completing construction, or attaining final compliance;
F. Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which may include a violation of BMPs, which the District Manager determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 911, § 2, passed 08-24-2015)