Chapter 14.04
PERMITS1
Sections:
14.04.020 Requirement for a permit.
14.04.040 Application for an industrial waste discharge permit.
14.04.050 Permit information details.
14.04.060 Issuance of industrial waste discharge permits.
14.04.070 Modification of permits.
14.04.090 Trucked and hauled pollutants.
14.04.010 Permit authority.
A. The plant superintendent shall establish industrial waste discharge permit limitations to the extent necessary to comply with the National Pretreatment Standards including current categorical pretreatment standards and waste discharge requirements as promulgated by the U.S. Environmental Protection Agency and the Oregon State Department of Environmental Quality; to protect the public health and safety; to protect the receiving water quality; to protect the sewer system; and to comply with all other applicable federal and state laws.
B. Existing and future pretreatment standards for existing and new sources promulgated by the Environmental Protection Agency under the authority of the Clean Water Act along with any future revisions are incorporated herein by reference as a means of complying with federal and state pretreatment requirements and will be included as discharge limitations in industrial waste discharge permits issued to affected industries.
C. It is unlawful to discharge into the sewer system concentrations of materials in excess of the amounts specified in this title unless the discharger has an effective industrial waste discharge permit which establishes a different limitation for a specific pollutant.
D. It is unlawful for a discharger who has an effective industrial waste discharge permit to discharge wastes to the sewer system in excess of the limitations established in the permit. (Ord. 1676(part), 1992).
14.04.020 Requirement for a permit.
A significant industrial user shall have an industrial waste discharge permit prior to discharging into the sewer system. The plant superintendent may require other industrial users to obtain wastewater permits as necessary to carry out the purposes of this title. (Ord. 1676(part), 1992).
14.04.030 Existing users.
A. The requirements for a permit listed in Section 14.04.020 are applicable to existing users. Existing users that are discharging to the sewer system without an industrial waste discharge permit may be required to apply for such permit. The determination for requirement shall be made by the plant superintendent in accordance with the requirements established in this title. The user shall be notified in writing of the requirement for a permit and shall be allowed to continue discharging into the sewer system until a permit is issued or denied provided that the characteristics and concentrations of wastes discharged are not in excess of the amounts established in this title. Discharges allowed under these conditions shall meet all other applicable requirements of this title.
B. A completed application for an industrial waste discharge permit shall be submitted to the plant superintendent within ninety days after permit requirement notification was received. (Ord. 1676(part), 1992).
14.04.040 Application for an industrial waste discharge permit.
A. Application for an industrial waste discharge permit shall be made to the plant superintendent on forms provided by the WQCP. The application shall not be considered complete until all information identified on the form is provided, unless specific exemptions are granted by the plant superintendent.
B. Completed applications shall be submitted to the plant superintendent within ninety days prior to the date the discharge is to begin.
C. Contents of the permit application shall be subject to the confidentiality conditions of this title. (See Section 14.06.090.) (Ord. 1676(part), 1992).
14.04.050 Permit information details.
An applicant for an industrial waste discharge permit shall be required to provide the following pertinent information:
A. Name, address and location (if different from address); the legal name and owner’s name, if different; as well as the officer entitled to sign documents on behalf of the business;
B. List of all environmental control permits held by or for the business or facility;
C. Brief description of the nature, average production rate, and SIC code for each of the process operations conducted, including the identification of applicable pretreatment standards;
D. Schematic process diagram indicating the flow of materials and water from start to completed product for each unit process generating wastewater. Include points of discharge from each process to the sewer system;
E. List of toxic substances or constituents that potentially could be present in the wastewater discharge. Include substances that could enter due to accidental spill or discharge;
F. List of substances or constituents that potentially could be present in the wastewater discharge, which, if otherwise disposed of, would be considered a hazardous waste under 40 CFR Part 261. Include the name of the hazardous waste, EPA Hazardous Waste Number, and the type of potential discharge (continuous, batch, or other);
G. Average daily and maximum daily flow rates in gallons per day. Include flow measurement information for process streams regulated by pretreatment standards and include flow information for other waste streams that might be considered dilute waste streams. Also include any routine or seasonable variations, batch discharges, etc., and information regarding waste strengths for the various types of discharges;
H. Provide statement of certification concerning compliance or noncompliance with applicable pretreatment standards. The statement shall be reviewed by an authorized representative of the user and certified to by a qualified professional. Measurements of pollutant concentrations to verify compliance if required must be representative of daily operations and include reported values for daily maximum and average concentration (or mass, where required);
I. Any other information as may be deemed by the plant superintendent to be necessary to evaluate the permit application. (Ord. 1676(part), 1992).
14.04.060 Issuance of industrial waste discharge permits.
The plant superintendent shall evaluate the data furnished by the user in the industrial waste discharge permit application and may require the user to provide additional information. After evaluation and acceptance of the data furnished, the plant superintendent may issue or deny an industrial waste discharge permit subject to terms and conditions provided in this title. Copies of all permits shall be sent to the manager.
A. General Conditions.
1. Industrial waste discharge permits shall be issued or denied by the plant superintendent within ninety days after a completed application is received.
2. Industrial waste discharge permits shall contain conditions which meet the requirements of this title as well as those of applicable state and federal laws and regulation.
3. If pretreatment facilities are needed to meet the discharge requirements in the discharge permit, the permit shall require the installation of such facilities.
4. Whenever a discharge permit requires installation or modification of treatment facilities or a process change necessary to meet discharge standards or spill-control requirements, a compliance schedule shall be included which establishes the date for completion of the changes and any appropriate interim dates. Interim dates for the commencement and completion of major events shall be no more than ninety days apart.
5. Discharge permits shall expire no later than five years after the effective date of the permit.
6. The plant superintendent may deny approval to issue a discharge permit if the discharge will result in violations of local, state, or federal laws or regulations; will overload or cause damage to any portion of the treatment plant; or will create an imminent or potential hazard to personnel.
B. Specific Permit Conditions. Industrial waste discharge permits shall be expressly subject to all provisions of this title and all other applicable regulations, user charges, and fines adopted by the participants. Permits may contain the following:
1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to a sewer;
2. Limits on the average and maximum wastewater constituents and characteristics in accordance with the requirements established in this title;
3. Mass limits of discharge where deemed appropriate;
4. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization consistent with the capacity of the collection and treatment system;
5. Requirements for installation and maintenance of pretreatment facilities, flow-measurement devices, inspection and sampling facilities;
6. Requirements for self-monitoring, sampling, reporting, notification and record-keeping, including requirements for identification of the pollutants to be monitored. These requirements may also include sampling locations, sampling frequencies, sample number and types, standards for tests, and reporting schedules;
7. Requirements for the submission of reports and compliance schedules;
8. Requirements for submission of technical reports or discharge reports either required by provisions of the National Pretreatment Standards or to support monitoring requirements of the pretreatment program;
9. Requirements for maintaining and retaining plant records relating to wastewater discharge and affording authorized representatives access thereto;
10. Requirements for notification of the plant superintendent of the introduction of new wastewater constituents being introduced into the wastewater treatment system, and/or an increase in the volume or character by fifteen percent or more of the wastewater constituents being discharged;
11. Requirements for notification of slug discharges;
12. Statement of duration (in no case more than five years);
13. Statement of nontransferability without approval of the plant superintendent;
14. Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements;
15. Other conditions as deemed appropriate to ensure compliance with this title. (Ord. 1676(part), 1992).
14.04.070 Modification of permits.
A. An industrial waste discharge permit may be modified for good and valid cause at the written request of the permittee or at the discretion of the plant superintendent. Copies of all permit modifications shall be sent to the manager.
B. Permittee modification requests shall be submitted to the plant superintendent and shall contain a detailed description of all proposed changes in the discharge. The plant superintendent may request any additional information needed to adequately prepare the modification or assess its impact.
C. The plant superintendent may deny a request for modification if the change will result in violations of federal, state, or local laws or regulations; will overload or cause damage to any portion of the sewer system; or will create an imminent or potential hazard to personnel.
D. If a permit modification is made at the direction of the plant superintendent, the permittee shall be notified in writing of the proposed modification at least thirty days prior to its effective date and informed of the reasons for the changes.
E. The adjustment of any existing local limit in accordance with the requirements of this title shall necessitate a permit modification for permits containing a previously established local limit. A change in discharge standards may require local limit adjustment.
F. A modification to the permittee’s discharge permit must be issued before any significant increase is made in the volume or level of pollutants in an existing permitted discharge to the sewer system.
G. Changes in the discharge involving the introduction of waste stream or streams not previously included in the industrial waste discharge permit application or involving the addition of new pollutants shall be considered as new discharge, requiring submission of a new permit application. (Ord. 1676(part), 1992).
14.04.080 Permit transfer.
Industrial waste 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 without the approval of the plant superintendent. If no changes are made to the operation by the new owner, the approval shall be completed in at least thirty days. Certification by the new owner or new user that no significant changes in operation have occurred may be required. If modifications are made in the operation, or if a new use of the premises is planned by the new user, a permit modification is required. (Ord. 1676(part), 1992).
14.04.090 Trucked and hauled pollutants.
The plant superintendent may issue or deny a permit to authorize discharge of trucked and hauled pollutants subject to the terms and conditions provided by this title. (Ord. 1676(part), 1992).
Prior ordinance history: Ords. 1502 and 1618.