A. Except as provided herein, it shall be unlawful for any significant industrial user to discharge industrial wastewater into the POTW without first obtaining a wastewater discharge permit from the Director. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this Article and may subject the wastewater discharge permittee to the sanctions set out in Section 7.06.013. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State and local law.
The Director may require other nondomestic users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this Article. New significant industrial users shall apply for a wastewater discharge permit at least ninety (90) days prior to commencement of discharge.
B. Any significant industrial user which discharges industrial waste into the POTW prior to the effective date of this Section and who wishes to continue such discharges in the future, shall, within thirty (30) days after being notified of its classification as significant, apply to the Director for a wastewater discharge permit in accordance with this Section, and shall not cause or allow discharges to the POTW to continue after one hundred twenty (120) days of being notified of its classification as significant, except in accordance with a wastewater discharge permit issued by the Director or as otherwise authorized by the Director.
Any other nondomestic user which discharges nondomestic wastes into the POTW prior to the effective date of the Section and who wishes to continue such discharges in the future, shall, within thirty (30) days after being notified that a wastewater discharge permit is required to continue such discharge, apply to the Director for said permit in accordance with this Section, and shall not cause or allow discharges to the POTW to continue after one hundred twenty (120) days of being notified of the requirement to obtain said permit, except as authorized by a wastewater discharge permit issued by the Director or as otherwise authorized by the Director.
C. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least sixty (60) days prior to the date upon which any discharge will begin.
D. The City may enter into agreements with neighboring jurisdictions to provide for the issuance of wastewater discharge permits to nondomestic users. The Director, in accordance with an interjurisdictional agreement, may defer the responsibility for issuance of a wastewater discharge permit to a nondomestic user located within the City to a neighboring jurisdiction, when such user utilizes the City's sanitary sewer system to discharge to said neighboring jurisdiction's POTW. The Director will take into consideration the Local Limits of a neighboring jurisdiction when issuing a wastewater discharge permit to a nondomestic user to discharge to a sewer tributary to said jurisdiction.
E. All nondomestic users required to obtain a wastewater discharge permit shall submit an application to the Director. The Director may provide a form to be used as a permit application. In order to be considered for a wastewater discharge permit, all industrial users subject to categorical pretreatment standards must also submit a Baseline Monitoring Report as described in Section 7.06.015, paragraph "A". The Director may request the following information to be included in the permit application:
1. Description of activities, facilities and plant processes on the premises, including the industrial user's Material Safety Data Sheets or a list of raw materials and chemicals used or stored at the facility.
2. Number of employees and hours of operation.
3. Each product produced by type, amount, process or processes, and rate of production.
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.
6. Time and duration of the discharge.
7. Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application.
F. All wastewater discharge permit applications and industrial user reports submitted by significant industrial users 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 gathered and evaluated 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."
G. Incomplete or inaccurate applications may not be processed and may be returned to the applicant for revision. After the application is completed, the Director may request additional information to clarify, modify, or supplement previously supplemented material. Requests for such additional information will not render the application incomplete. If the applicant fails or refuses to correct deficiencies in the application, the permit may be denied. The Director may deny any application for a wastewater discharge permit.
H. Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire.
I. Wastewater discharge permits may include such conditions as are reasonably deemed necessary by the Director 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, protect ambient air quality, and protect against damage to the POTW or otherwise deemed necessary to implement a pretreatment program.
1. A user shall comply with all requirements contained in its wastewater discharge permit, including, but not limited to, the following:
a. The wastewater discharge permit is not transferable without approval from the Director.
b. The user shall comply with all applicable Federal, State and local discharge limitations.
c. The user shall comply with all applicable self monitoring, sampling, reporting, notification, and record keeping requirements, including monitoring of parameters as specified in the permit at the specified sampling location(s) and sampling frequency, and collecting the specified sample type based on Federal, State and local laws and regulations.
d. The user may be subject to applicable civil, criminal, and administrative penalties for violation of discharge standards and requirements, and any applicable compliance schedule contained in the permit. Such schedule may not extend the time for compliance beyond that allowed by applicable Federal, State, or local law or regulations.
Compliance with the permit does not relieve the permittee of its obligation to comply with all applicable Federal and State pretreatment standards, including those which become effective during the term of the permit, or of its obligation to comply with any other requirements of Federal, State, or local laws, rules or regulations.
2. Wastewater discharge permits may contain, but need not be limited to, the following:
a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.
b. Limits on the instantaneous daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.
c. Requirements for the installation of pretreatment technology or construction of appropriate containment devices designed to reduce, eliminate, or prevent the introduction of pollutants into the POTW.
d. Requirements for development and implementation of spill control plans or other special conditions, including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharge.
e. Requirements for development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW.
f. The unit charge or schedule of user charges for the management of the wastewater discharged to the POTW.
g. Requirements for installation and maintenance of inspection, monitoring and sampling facilities and equipment.
h. Requirements for periodic submittal of all incoming and outgoing hazardous waste manifests.
i. Requirements for payment of an annual permit charge.
j. Compliance schedules, provided that such schedules do not extend State, or local law or regulations.
k. Requirements for increased monitoring as deemed necessary or as part of an enforcement response undertaken by the City in response to a user violation.
1. Requirements to calculate alternative categorical limits using the combined wastestream formula in a manner consistent with applicable Federal and State provisions.
m. A waiver of Specific Pollutant Limitations listed in Section 7.06.007, paragraph "A", or of other requirements of this Article, granted in accordance with Section 7.06.007, paragraph "D".
n. Other conditions as deemed appropriate by the Director to ensure compliance with this Article and State and Federal laws, rules, and regulations.
J. Any person, including the permit applicant, may petition the Director to reconsider the terms of a wastewater discharge permit within thirty (30) days of issuance of the permit. Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal and acceptance of the conditions of the permit. In its petition, the appealing party must indicate the wastewater discharge provisions objected to, the reasons for those objections, and any alternative conditions it seeks to place in the wastewater discharge permit. Challenges to modified permits are limited only to the changed provisions. The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
The permittee is precluded from challenging the validity or appropriateness of a permit condition in an enforcement action if the permittee had an opportunity to object to or otherwise challenge the permit condition in the permitting context. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative action for purposes of judicial review.
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing an application for review in accordance with the Administrative Procedure Act, Chapter 536, Revised Statutes of Missouri.
K. The Director may modify the wastewater discharge permit for good cause including, but not limited to, the following:
1. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements.
2. To address significant alterations or additions to the nondomestic user's operation, processes, or wastewater volume or character since the time of 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 poses a threat to the POTW, City personnel, or the receiving waters.
5. Violation of any terms or conditions of the wastewater discharge permit.
6. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting.
7. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13, as may be amended from time to time.
8. To correct typographical or other errors in the wastewater discharge permit.
9. To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
10. At the request of the permittee, including but not limited to, a request for a waiver of Specific Pollutant Limitations listed in Section 7.06.007, paragraph "A", or of other requirements of this Article, in accordance with Section 7.06.007, paragraph "D".
The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition. The Director may deny any request for permit modification.
L. Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the Permittee makes a written request to the Director and the Director approves the wastewater discharge permit transfer. The request for transfer submitted to the Director must include a written certification by the new owner and/or operator which:
1. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
2. Identifies the specific date on which the transfer is to occur; and
3. Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to Provide advance notice of a transfer renders the wastewater discharge permit void as a matter of law as of the date of facility transfer.
M. Wastewater Discharge Permits may be revoked or denied for the following reasons:
1. Failure to notify the Director of significant changes to the wastewater Prior to the changed discharge.
2. Failure to provide notification to the Director of changed condition pursuant to Section 7.06.015.
3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.
4. Falsifying self-monitoring reports.
5. Tampering with monitoring equipment.
6. Refusing to allow the Director timely access to the facility premises and records.
7. Failure to meet discharge limitations.
8. Failure to pay fines.
9. Failure to pay sewer charges.
10. Failure to meet compliance schedules.
11. Failure to complete the wastewater survey as required under Section 7.06.010, paragraph "D", or the wastewater discharge permit application.
12. Failure to provide advance notice of the transfer of a permitted facility.
13. Violation of any pretreatment standard or requirement, any terms of the wastewater discharge permit, or this Article.
Wastewater discharge permits may be revoked by the Director upon nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the effective date of a newly issued wastewater discharge permit.
N. The Director may refuse to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this Article, any orders, or a previous wastewater discharge permit issued hereunder, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance.
0. The permittee shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with Section 7.06.014, paragraph "E", a minimum of sixty (60) days prior to the expiration of the user's existing wastewater discharge permit, except as otherwise provided by the Director.
P. Discharge after the expiration date of the nondomestic user's wastewater discharge permit is prohibited pending a decision on a reissued permit, except:
1. If the nondomestic user filed a timely application which is complete, and,
2. The Director, through no fault of the applicant, does not issue a new permit with an effective date on or before the expiration date of the existing permit.
Q. The Director may waive any permit requirements for nondomestic users which are not significant industrial users and may waive any other provisions of this Section not required under Federal or State laws or regulations.
A Clear Commitment to