Chapter 6.12
INDIVIDUAL WASTEWATER DISCHARGE PERMIT ISSUANCE
Sections:
6.12.010 Individual wastewater discharge permit duration.
6.12.030 Individual wastewater discharge permit contents.
6.12.050 Individual wastewater discharge permit transfer.
6.12.060 Individual wastewater discharge permit suspension or revocation.
6.12.070 Individual wastewater discharge permit reissuance.
6.12.080 Regulation of waste received from other jurisdictions.
6.12.010 Individual wastewater discharge permit duration.
An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five years, at the discretion of the general manager. Each individual wastewater discharge permit will indicate a specific date upon which it will expire. A temporary permit may be issued for a maximum of 180 days. (Ord. 387 § 6.1, 2017)
6.12.020 Duty to reapply.
The user shall submit a new permit application with the appropriate fees 180 days before the existing permit expires. (Ord. 387 § 6.2, 2017)
6.12.030 Individual wastewater discharge permit contents.
An individual 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 and the collection system.
A. The conditions set forth in an individual wastewater discharge permit will include, but are not necessarily limited to, the following:
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 without prior notification to WRCRWA in accordance with WMWDC 6.12.050, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
3. Effluent limits, including best management practices, based on applicable pretreatment standards;
4. Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) 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 general manager to be necessary.
B. Individual wastewater 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 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;
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 POTW;
5. A reference to a rate resolution that sets the unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
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 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; and
8. Other conditions as deemed appropriate by the general manager to ensure compliance with this division, and state and federal laws, rules, and regulations. (Ord. 387 § 6.3, 2017)
6.12.040 Permit modification.
A. The general 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 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 WRCRWA’s POTW, WRCRWA’s 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;
8. To correct typographical or other errors in the individual wastewater discharge permit; or
9. To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with WMWDC 6.12.050. (Ord. 387 § 6.4, 2017)
6.12.050 Individual wastewater discharge permit transfer.
Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 90 days advance notice to the general manager and the general manager approves the individual wastewater discharge permit transfer. Said request may be approved or denied in the general manager’s discretion in accordance with this division and may be conditioned upon compliance with new or revised requirements which may be included in the permit prior to any approved transfer. The notice to the general manager 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 and processes;
B. Identifies the specific date on which the transfer is to occur; and
C. Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer. (Ord. 387 § 6.5, 2017)
6.12.060 Individual wastewater discharge permit suspension or revocation.
The general manager may suspend or revoke an individual wastewater discharge permit, in his or her discretion, in accordance with this division, for noncompliance including, but not limited to, the following reasons:
A. Failure to notify the general manager of significant changes to the wastewater prior to the changed discharge;
B. Failure to provide prior notification to the general manager of changed conditions pursuant to WMWDC 6.14.050;
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 general manager timely access to the facility premises and records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit application;
L. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this division.
Individual wastewater discharge permits shall be voidable upon cessation of operations of the applicable facility, transfer of business ownership, or any other transfer or conveyance of the property or facility which are the subject of the permit. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user. (Ord. 387 § 6.6, 2017)
6.12.070 Individual wastewater discharge permit reissuance.
A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with WMWDC 6.10.050. Said application shall be submitted at least 90 days prior to the expiration of the user’s existing individual wastewater discharge permit. (Ord. 387 § 6.7, 2017)
6.12.080 Regulation of waste received from other jurisdictions.
A. The discharge of wastewater to the POTW from another municipality/agency, or from a user located within another municipality/agency shall be subject to an intermunicipal/agency agreement entered into with the contributing municipality/agency.
B. Prior to entering into an agreement required by subsection A of this section, the general manager shall require the following information from the contributing municipality/agency:
1. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality/agency;
2. An inventory of all users located within the contributing municipality/agency that are discharging to the POTW; and
3. Such other information as the general manager may deem necessary.
C. An intermunicipal/agency agreement, as required by subsection A of this section, shall include, but may not be limited to, the following conditions:
1. A requirement for the contributing municipality/agency to adopt a sewer use ordinance which is at least as stringent as this division and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in WMWDC 6.04.030. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to WRCRWA’s ordinance or local limits;
2. A requirement for the contributing municipality/agency to submit a revised user inventory on at least an annual basis;
3. A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality/agency; which of these activities will be conducted by WRCRWA; and which of these activities will be conducted jointly by the contributing municipality/agency and WRCRWA;
4. A requirement for the contributing municipality/agency to provide the general manager with access to all information that the contributing municipality/agency obtains as part of its pretreatment activities;
5. Limits on the nature, quality, and volume of the contributing municipality’s/agency’s wastewater at the point where it discharges to the POTW;
6. Requirements for monitoring the contributing municipality’s/agency’s discharge;
7. A provision ensuring the general manager access to the facilities of users located within the contributing municipality’s/agency’s jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by WRCRWA; and
8. A provision specifying remedies available for breach of the terms of the intermunicipal/agency agreement. (Ord. 387 § 6.8, 2017)