§ 122-184. Discharge permits.

(a)

General.

(1)

It shall be unlawful for any significant industrial user, as determined under this article, to discharge wastewater into the county wastewater system without a county-issued discharge permit.

(2)

All significant industrial users proposing to connect to or to contribute to the county wastewater system shall obtain a wastewater discharge permit before connecting to or contributing to the county system.

(3)

All existing significant industrial users connected to or contributing to the county wastewater system shall obtain a wastewater discharge permit.

(b)

Application. When requested to do so by the county, all significant industrial users shall complete and file with the county an application in the form prescribed by the county and accompanied by a fee as set by the county from time to time. Existing users shall apply for a discharge permit within 60 days of notification by the county that a discharge permit is required. Proposed new users shall make application not less than 90 days prior to connecting to or contributing to the county wastewater system. Each discharge permit application shall be completed as described in section 122-186(a).

(c)

Permit modifications.

(1)

The county water system may modify a wastewater discharge permit for good cause including, but not limited to, the following reasons:

a.

To incorporate any new or revised federal, state or local pretreatment requirements;

b.

To address significant alterations or additions to the user's operation, processes or wastewater volume or character since the time of wastewater discharge permit issuance;

c.

A change in the POTW 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 county's POTW, personnel or the receiving waters;

e.

Violation of any terms or conditions of the wastewater discharge permit;

f.

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in 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 wastewater discharge permit; or

i.

To reflect a transfer of the facility ownership or operation to a new owner or operator in accordance with subsection (g) of this section.

(2)

When a permitted industrial user has significantly changed circumstances that cause the conditions in its discharge permit to become inaccurate or unrepresentative, then and in that event the industry shall apply to the county for a permit modification. Such changed circumstances shall include significantly altered production practices or processes, plant expansions or reductions, modifications to pretreatment facilities, etc.

(3)

Within nine months of the promulgation of a federal pretreatment standard, the discharge permits of users subject to such standards shall be revised to require compliance with such standards within the timeframe prescribed by such standard. Where a user, subject to a federal pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by subsection (b) of this section, the user shall apply for a wastewater discharge permit within 180 days after the promulgation of an applicable federal pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the county within 180 days after the promulgation of an applicable federal pretreatment standard the information required by subsection 122-186(a).

(d)

Conditions. Wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the county. Permits must contain the following:

(1)

A statement that indicates the duration, which in no event shall exceed five years;

(2)

A statement that the wastewater discharge permit is nontransferable without prior notification to the county in accordance with this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(3)

Effluent limits based upon applicable pretreatment standards;

(4)

Self-monitoring, sampling, reporting, notification and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency and sample type based upon federal, state and local law; and

(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 federal, state and local law.

(e)

Contents. Permits may contain the following:

(1)

The unit charge or schedule of user charges and fees for the wastewater which is to be discharged by the permittee into the county wastewater system.

(2)

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization.

(3)

Requirements for installation and maintenance of inspection and sampling facilities.

(4)

Specifications for monitoring programs, which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule.

(5)

Requirements for submission of technical reports or discharge reports. See subsection 122-186(c).

(6)

Requirements for maintaining and retaining plans and records relating to wastewater discharges as specified by the county, and affording the county access thereto.

(7)

Requirements for notification of the county of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the county wastewater system.

(8)

Requirements for notification of accidental discharges as per section 122-192.

(9)

Other conditions as deemed appropriate by the county to ensure compliance with this article.

(f)

Duration. Permits shall be issued for a specified time period as determined by the county, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 60 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the county during the term of the permit as limitations or requirements as identified in subsection (c) of this section are modified, conditions change or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(g)

Transfer. Wastewater discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned, transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the county. When approved by the county for transfer, any succeeding owner or user shall also comply with the terms and conditions of the existing permit. The department director must be notified in writing no less than 30 days prior to any transfer for approval by the county.

(h)

Suspension, revocation or denial.

(1)

Procedure. When the department director has reason to believe that any one of the conditions enumerated in subsection (h)(2) of this section exists, he shall give written notice thereof to the permittee. Such notice shall set forth the time and place where the charges shall be heard by the department director. The hearing date shall not be less than 15 days from the mailing of such notice by certified mail to the permittee at the address shown on the permit or at permittee's last known address. At the hearing, the permittee shall have an opportunity to refute the allegations set forth in the proposed permit revocation notice.

If, after the hearing, the department director finds that any one of the conditions enumerated in subsection (h)(2) of this section exists, he shall have the right to suspend, revoke or deny the permit.

(2)

Grounds. The department director may suspend, revoke or deny a wastewater discharge permit for good cause including, but not limited to, the following reasons:

a.

Failure to notify the water system director of significant changes to the wastewater prior to the changed discharge;

b.

Failure to provide prior notification to the water system director of changed conditions pursuant to section 122-186;

c.

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

d.

Falsifying self-monitoring reports;

e.

Failure to pay fees or charges established pursuant to this article;

f.

Failure to submit a compliance report following written notice from the county that such report is due;

g.

Tampering with monitoring equipment;

h.

Refusing to allow water system employees timely access to the facility premises and records;

i.

Failure to pay fines;

j.

Failure to meet effluent limitations;

k.

Failure to complete a wastewater questionnaire or the discharge permit application;

l.

Failure to meet compliance schedules;

m.

Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

n.

Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.

(i)

Wastewater discharge permit appeals. Any person, including the user, may petition the department director to reconsider the terms of a wastewater discharge permit within 15 days of notice of its issuance.

(1)

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

(2)

In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection and the alternative condition, if any, it seeks to place in the wastewater discharge permit.

(3)

The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.

(4)

If the department director fails to set within 30 days a request for reconsideration, a wastewater discharge permit appeal shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a discharge permit or not to modify a discharge permit shall be considered final administrative action for purposes of judicial review.

(5)

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the superior court for the county within 30 days.

(Ord. of 6-28-88, § 3-26-95; Amd. of 2-26-13)