13.12.120 Wastewater permit issuance process.
(1) Wastewater Permit Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period of less than five years at the discretion of the superintendent. Each permit will indicate a specific date upon which it will expire.
(2) Wastewater Permit Contents. Wastewater permits shall include such conditions as are reasonably deemed necessary by the superintendent to prevent pass through of interference and to implement the objectives of this chapter.
(a) Wastewater permits must contain the following conditions:
(i) A statement that indicates permit duration, which in no event shall exceed five years.
(ii) A statement that the permit is nontransferable without prior notification to and approval from the city and provisions for furnishing the new owner or operator with a copy of the existing permit.
(iii) Effluent limits applicable to the user based on applicable standards in federal, state and local law.
(iv) Self-monitoring, sampling, reporting, notification and record keeping requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal state and local law.
(v) Statement of applicable penalties for violation of pretreatment standards and requirements, and compliance schedules.
(b) Permits may contain, but need not be limited to, the following:
(i) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.
(ii) Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.
(iii) Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.
(iv) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges.
(v) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.
(vi) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system.
(vii) Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(viii) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.
(ix) Requirements for immediate reporting of any instance of noncompliance and for automatic resampling and reporting within 30 days where self-monitoring indicates a violation(s).
(x) Compliance schedules for meeting pretreatment standards and requirements.
(xi) Requirements for submission of periodic self-monitoring or special notification reports.
(xii) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified in NBCC 13.12.130, Reporting requirements, and affording the superintendent or his representatives access thereto.
(xiii) Requirements for prior notification and approval by the superintendent of any new introduction of wastewater pollutants or of any change in the volume or character of the wastewater prior to introduction in the system.
(xiv) Requirements for the prior notification and approval by the superintendent of any change in the manufacturing and/or pretreatment process used by the permittee.
(xv) Requirements for immediate notification of excessive, accidental, or sludge discharges, or any discharge which could cause any problems to the system.
(xvi) A statement that compliance with 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 permit.
(xvii) Other conditions as deemed appropriate by the superintendent to ensure compliance with this chapter, and state and federal laws, rules, and regulations, the term of the permit.
(3) Wastewater Permit Appeals. Any person including the industrial user may petition to the city to reconsider the terms of the permit within 10 days of the issuance of the final permit.
(a) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(b) In its petition, the appealing party must indicate the permit provisions objected to, the reasons for this objection, and the alternative conditions, if any, it seeks to place in the permit.
(c) The effectiveness of the permit shall not be stayed pending the appeal.
(d) If the city fails to act within 15 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a permit, not to issue a permit, or not to modify a permit shall be considered final administrative action for purposes of judicial review.
(e) Aggrieved parties seeking judicial review of the final administrative permit decision must do so by filing a complaint with the circuit court for Coos County, Oregon.
(4) Wastewater Permit Modifications. The superintendent may modify the permit for good cause including, but not limited to, the following:
(a) To incorporate any new or revised federal, state, or local pretreatment standards or requirements.
(b) To address significant alterations or additions to the industrial user’s operation, processes, or wastewater volume or character since the time of permit issuance.
(c) A change in the municipal wastewater system that requires either a temporary or permanent reduction or elimination of the authorized discharge.
(d) Information indicating that the permitted discharge poses a threat to the city’s municipal wastewater system, city personnel, or the receiving waters.
(e) Violation of any terms or conditions of the wastewater permit.
(f) Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.
(g) Revision of, or a grant of variance from, categorical pretreatment standards pursuant to 40 CFR 403.13.
(h) To correct typographical or other errors in the permit.
(i) To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
The filing of a request by the permittee for a permit modification does not stay any permit condition.
(5) Wastewater Permit Transfer. Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the superintendent if the permittee gives at least 30 days’ advance notice to the superintendent. The notice must include a written certification by the new owner which:
(a) States that the new owner 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 permit.
(i) Failure to provide advance notice of a transfer renders the wastewater permit voidable on the date of the facility transfer.
(6) Wastewater Permit Revocation. Wastewater permits may be revoked for the following reasons:
(a) Failure to notify the city of significant changes to the wastewater prior to the changed discharge;
(b) Falsifying self-monitoring reports;
(c) Tampering with monitoring equipment;
(d) Refusing to allow the city timely access to the facility premises and records;
(e) Failure to meet effluent limitations;
(f) Failure to pay fines;
(g) Failure to pay sewer charges;
(h) Failure to meet compliance schedules;
(i) Failure to complete a wastewater survey;
(j) Failure to provide advance notice of the transfer of a permitted facility;
(k) Violation of any pretreatment standard or requirement or any terms of the permit or the ordinance.
(i) Permits shall be voidable upon non-use, cessation of operations, and transfer of business ownership. All are void upon the issuance of a new wastewater permit.
(7) Wastewater Permit Reissuance. A significant industrial user shall apply for permit reissuance by submitting a complete permit application in accordance with NBCC 13.12.110(6), Wastewater Permit Application Contents, a minimum of 90 days prior to the expiration of the user’s existing permit. (Ord. 1770 § 2, 1991; Ord. 1104 § 8(D), 1958)