13.12.110 Wastewater permit eligibility

13.12.110 Wastewater permit eligibility.

(1) Wastewater Survey. When requested by the superintendent all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The superintendent is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this chapter.

(2) Wastewater Permit Requirement. It shall be unlawful for significant industrial users to discharge wastewater into the city’s sanitary sewer system without first obtaining a wastewater permit from the superintendent. Any violation of the terms and conditions of the wastewater permit shall be deemed a violation of this chapter and subjects the industrial user to the sanctions set out in NBCC 13.12.170 and 13.12.180. Obtaining a wastewater permit does not relieve a permittee of its obligation to obtain other permits required by federal, state or local law.

(a) The superintendent may require other industrial users, including liquid waste haulers, to obtain wastewater permits as necessary to carry out the purposes of this chapter.

(3) Permitting Existing Connections. Any significant industrial user which discharges industrial waste into the municipal wastewater system prior to the effective date of the ordinance codified in this chapter and who wishes to continue such discharges in the future shall, within 90 days after said date, apply to the city for a wastewater permit in accordance with subsection (6) of this section, Wastewater Permit Application Contents, and shall not cause or allow discharges to the system to continue after 180 days of the effective date of this chapter except in accordance with a permit issued by the superintendent.

(4) Permitting New Connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the municipal wastewater system must obtain a wastewater permit prior to beginning or recommencing such discharge. An application for this permit must be filed at least 90 days prior to the anticipated start up date.

(5) Permitting Extra-Jurisdictional Industrial Users. Any existing significant industrial user located beyond the city limits shall submit a permit application, in accordance with subsection (6) of this section, within 90 days of the effective date of the ordinance codified in this chapter. New significant industrial users located beyond the city limits shall submit such applications to the superintendent 90 days prior to any proposed discharge into the municipal system. Upon review of such application, the superintendent may enter into a contract with the industrial user which requires the industrial user to subject itself to and abide by this chapter, including all permitting, compliance monitoring, reporting, and enforcement provisions herein. Alternately, the superintendent may enter into an agreement with the neighboring jurisdiction in which the significant industrial user is located to provide for the implementation and enforcement of pretreatment program requirements against said user.

(6) Wastewater Permit Application Contents. In order to be considered for a wastewater permit, all industrial users required to have a permit must submit the following information on an application form approved by the superintendent:

(a) Name, mailing address, and location (if different from the mailing address);

(b) Environmental control permits held by or for the facility;

(c) Standard Industrial Classification (SIC) codes for pretreatment the industry as a whole and any processes for which categorical pretreatment standards have been promulgated;

(d) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used at the facility which are or could accidentally or intentionally be discharged to the municipal system;

(e) Number and type of employees, and hours of operation, and proposed or actual hours of operation of the pretreatment system;

(f) Each product by type, amount, process or processes and rate of production;

(g) Type and amount of raw materials process (average and maximum per day);

(h) The site plans, floor plans and mechanical and plumbing plans and details to show all sewers, floor drains, and appurtenances by size, location and elevation, and all points of discharge;

(i) Time and duration of the discharge;

(j) Measured average daily and maximum daily flow, in gallons per day, to the municipal system from regulated process streams and other streams as necessary to use the combined wastestream formula in 40 CFR 403.6(e);

(k) Daily maximum, daily average, and monthly average wastewater flow rates, including daily, monthly, and seasonable variations, if any;

(l) Wastewater constituents and characteristics, including any pollutants in the discharge which are limited by federal, state, or local standards, pretreatment standards applicable to each regulated process, and nature and concentration (or mass if pretreatment standard requires) of regulated pollutant in each regulated process (daily maximum and average concentration or mass when required by a pretreatment standard). Sampling and analysis will be undertaken in accordance with 40 CFR Part 136;

(m) A statement reviewed by an authorized representative of the user and certified to by a qualified professional indicating whether or not the pretreatment standards are being met on a consistent basis, and if not, what additional pretreatment is necessary;

(n) If additional pretreatment and/or operations and maintenance will be required to meet the standards, then the industrial user shall indicate the shortest time schedule necessary to accomplish installation or adoption of such additional treatment and/or operations and maintenance. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule:

(i) The schedule shall contain progress increments 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 user to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and conducting routine operation). No increment referred to in this subsection shall exceed nine months nor shall the total compliance period exceed 36 months.

(ii) No later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the superintendent including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the superintendent.

(o) Any other information as may be deemed by the superintendent to be necessary to evaluate the permit application.

(i) Incomplete or inaccurate information will not be processed and will be returned to the industrial user for revision.

(7) Application Signatories and Certification. All permit applications and industrial user reports must contain the following certification statement and be signed by an authorized representative of the industrial user:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

(8) Wastewater Permit Decisions. The superintendent will evaluate the data furnished by the industrial user and may require additional information. Within 60 days of receipt of a complete permit application, the superintendent will determine whether or not to issue a wastewater permit. If no determination is made within this time period, the application will be deemed denied.

If any waters or wastes are discharged, or are proposed to be discharged, to the public sewers, which waters contain the substances or possess the characteristics enumerated in NBCC 13.12.090, General sewer use requirements, and which in the judgment of the superintendent may have a deleterious effect upon the municipal treatment system, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may take any of the following actions:

(a) Reject the wastes;

(b) Require pretreatment to an acceptable condition for discharge to the public sewers;

(d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provision of NBCC 13.12.200, Miscellaneous provisions. (Ord. 1770 § 2, 1991; Ord. 1104 § 8(C), 1958)