Chapter 3.06
PERMIT ISSUANCE
Sections:
3.06.010 Individual wastewater discharge permit.
3.06.020 Individual wastewater discharge permit application.
3.06.030 Individual wastewater discharge permit contents.
3.06.040 Permit issuance process.
3.06.060 Individual wastewater discharge permit revocation, suspension, void.
3.06.070 Individual wastewater discharge permit reissuance.
3.06.010 Individual wastewater discharge permit.
Pursuant to the authority set forth in MCWDC 3.01.030, an individual wastewater discharge permit shall be issued for a specified time period, shall indicate a specific date upon which it shall expire, and shall be issued, renewed and enforced pursuant to the Malaga County Water District’s pretreatment program as follows:
A. Class 1 Permit. A Class 1 individual wastewater discharge permit shall be issued to significant industrial users (SIU) defined as an industrial user that:
1. Discharges an average of 25,000 GPD or more of processed wastewater into the POTW (excluding sanitary, non-contact cooling or boiler blowdown wastewater);
2. Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
3. Is designated as such by the District on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
Class 1 permits shall be issued for a specified time period not exceeding one year from the effective date of the permit.
B. Class 2 Permit. A Class 2 individual wastewater discharge permit shall be issued to an industrial user subject to categorical pretreatment standards. Industrial users issued a Class 2 individual wastewater discharge permit are significant industrial users. Class 2 permits shall be issued for a specified time period not exceeding one year from the effective date of the permit.
C. Class 3 Permit. A Class 3 individual wastewater discharge permit shall be issued to all industrial users which are subject to categorical pretreatment standards which do not, but potentially may, discharge into the District’s POTW unless the industrial user subject to a Class 3 permit can demonstrate to the District that it is exempt pursuant to the exemptions set forth in 40 CFR 403.3(v)(2) and (3). This permit may also be referred to as a “zero-discharge permit.” Industrial users issued a Class 3 individual wastewater discharge permit are significant industrial users and may be referred to herein as a zero-discharging categorical user. Class 3 individual wastewater discharge permits shall be issued for a specified time period not exceeding one year from the effective date of the permit. For the purposes of this section, discharge does not include “domestic” wastewaters of the IU such as wastewaters from restrooms, breakrooms, showers, sinks, drinking fountains, etc.
D. Class 4 Permit. A Class 4 individual wastewater discharge permit shall be issued to all industrial users determined to be food service establishments for a period not exceeding three years from the effective date of the permit.
E. Class 5 Permit. A Class 5 individual wastewater discharge permit shall be issued to all other nonresidential users for a specified period not exceeding three years from the effective date of the permit. Any Class 2 permits issued with an effective date on or before December 9, 2014, shall be, upon renewal or reissuance, converted from the current Class 2 designation to a Class 5 permit. [Ord. 2014-2 § 10.]
3.06.020 Individual wastewater discharge permit application.
All users required to obtain an individual wastewater discharge permit must submit a permit application on a form provided by the District which may require users to submit all or some of the following information as part of a permit application:
A. Identifying Information.
1. Name and address of the facility, including the name of the operator and owner.
2. Contact information, description of activities, facilities and plant production processes on the premises.
B. Environmental Permits. A list of any environmental control permits held by or for the facility.
C. Description of Operations.
1. A brief description of the nature, average rate of production (including each product produced by type, amount, processes and rate of production), and standard industrial classifications of the operation(s) carried out by such user. The description shall include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes.
2. Types of wastes generated, and 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.
3. Number and type of employees, hours of operation, and proposed or actual hours of operation.
4. Type and amount of raw materials processed (average and maximum per day).
5. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.
D. Time and duration of discharges.
E. Location for monitoring all wastes covered by the permit.
F. Flow Measurement. Information showing the measure average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of combined waste stream formulas.
G. Measures 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, of regulated pollutants and 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 the procedures set forth in this code. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the District or applicable standards to determine compliance with the standard.
5. Sampling must be performed in accordance with the procedures set forth in this code.
H. Any other information which may be deemed necessary or required by the District to evaluate the permit application.
Incomplete or inaccurate applications or applications submitted without the required fees will not be processed and will be returned to the user for completion or revision.
3.06.030 Individual wastewater discharge permit contents.
As part of the District’s pretreatment program, an individual wastewater discharge permit shall include such individual and general control conditions as deemed reasonably necessary by the District 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 comply with all state, federal and local laws and regulations.
A. Individual wastewater discharge permits must contain:
1. A statement that indicates the individual wastewater discharge permit issuance date, expiration date and effective date;
2. A statement that the individual wastewater discharge permit is nontransferable;
3. Effluent limits, including best management practices, based on applicable pretreatment standards;
4. Self-monitoring, sampling, reporting, notification, and record keeping requirements shall include an identification of pollutants or best management practice to be monitored, sampling location, sampling frequency, and sampling 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 exceed 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;
7. A requirement that all SIUs notify the POTW immediately of any changes that occur at the facility affecting the potential for a slug discharge so that the POTW may reevaluate the need for a slug control plan or other actions to prevent such discharges;
8. All best management practices required by a categorical pretreatment standard, state or local law, or local limit must be contained in the individual wastewater discharge permit;
9. A statement that it is the responsibility of the user to perform sampling and that in the event of any exceedence or violation, repeat sampling and analysis shall be done by the user within 30 days of becoming aware of an exceedence; and
10. A statement that the District shall have the ability to sample and analyze any time the District deems appropriate.
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, design 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. The unit charge or schedule of user charges and fees for the management of the wastewater discharge to the POTW;
6. Requirements for the 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 District to ensure compliance with this ordinance, and state and federal laws, rules, and regulations.
C. Accidental Discharge/Slug Discharge Control Plans. As part of the permit issuance procedures, the District shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The District may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the District may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
1. Description of discharge practices, including nonroutine batch discharges;
2. Description of stored chemicals;
3. Procedures for immediately notifying the District of an accidental discharge or slug discharge, as required by this code; and
4. Procedures to prevent adverse impact from any accidental discharge 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 runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents and/or measures and equipment for emergency response.
3.06.040 Permit issuance process.
The user may obtain an application for an individual wastewater discharge permit from the Board, or their designee. The permit application will be processed in accordance with procedures determined by the Board, or their designee.
3.06.050 Permit modification.
A. The District 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 alternations 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 possesses a threat to the District’s POTW, District personnel, the POTW’s beneficial sludge use, the general public, or the receiving waters;
5. Violation of any terms or conditions of the individual wastewater discharge permit;
6. Misrepresentations or failure to disclose all relevant facts in the individual wastewater discharge permit application or 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.
3.06.060 Individual wastewater discharge permit revocation, suspension, void.
A. Revocation or Suspension. The General Manager, or his or her designee, or District Engineer may immediately revoke or suspend an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. Failure to notify the District of significant changes to the wastewater prior to changed discharge;
2. Failure to provide prior notification to the District of changed conditions pursuant to this code;
3. Misrepresentation or failure to fully disclose all relevant facts in the individual wastewater discharge permit application;
4. Falsifying self-monitoring reports and certification statements;
5. Tampering with monitoring equipment;
6. Refusing to allow the District timely access to the facility premises and records;
7. Failure to meet effluent limitations;
8. Failure to pay fines;
9. Failure to pay sewer charges;
10. Failure to meet compliance schedules;
11. Failure to complete a wastewater survey or the individual wastewater discharge permit application;
12. Transfer of business ownership of a permitted facility; or
13. Violation of any pretreatment standard or requirement, or any terms of the individual wastewater discharge permit or this code.
In the event of revocation or suspension of an individual wastewater discharge permit, the District shall attempt to notify the user or the user’s authorized representative prior to the suspension/revocation; however, failure to do so shall not affect the validity of any order suspending or revoking any permit.
B. Permit Void. Individual wastewater discharge permit shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.
3.06.070 Individual wastewater discharge permit reissuance.
Individual wastewater discharge permits will be reissued pursuant to the procedures set forth in the District’s pretreatment program. [Ord. 2014-2 § 11.]