204.1 - Individual wastewater discharge and general permit duration.

An individual wastewater discharge permit or a general permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. An individual wastewater discharge permit or a general permit may be issued for a period less than five (5) years, at the discretion of the Commissioner. Each individual wastewater discharge permit or a general permit will indicate a specific date upon which it will expire.

204.2 - Individual wastewater discharge permit and general permit contents.

An individual wastewater discharge permit or a general permit shall include such conditions as are deemed reasonably necessary by the Commissioner 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 against damage to the POTW, and enable the City to comply with its National Pollutant Discharge Elimination System permit conditions.

A.

Individual wastewater discharge permits and general permits must contain:

(1)

A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

(2)

A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 204.5 of this ordinance, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(3)

Effluent limits, including Best Management Practices, based on applicable Pretreatment Standards;

(4)

Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on Federal, and local law;

(5)

The process for seeking a waiver from monitoring for a pollutant neither present nor expected to be present in the Discharge in accordance with Section 206.4B;

(6)

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 applicable Federal, State, or local law;

(7)

Requirements to control Slug Discharge, if determined by the Commissioner to be necessary;

(8)

Any grant of the monitoring waiver by the Commissioner (Section 206.4B) must be included as a condition in the User's permit.

B.

Individual wastewater discharge permits or general 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, designed 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 discharged to the POTW;

(6)

Requirements for 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 or the general permit does not relieve the permittee of responsibility for compliance with all applicable Federal Pretreatment Standards, including those which become effective during the term of the individual wastewater discharge permit or the general permit; and

(8)

Other conditions as deemed appropriate by the Commissioner to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations.

204.3 - Permit modification.

A.

The Commissioner may modify an individual or general 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 alterations 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 poses a threat to the City's POTW, City personnel, the receiving waters, or the City's ability to comply with its National Pollutant Discharge Elimination System permit conditions;

(5)

Violation of any terms or conditions of the individual 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;

(8)

To correct typographical or other errors in the individual wastewater discharge permit; or

(9)

To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with Section 203.5

204.4 - Individual wastewater discharge permit and general permit transfer.

Individual wastewater discharge permits or coverage under general permits shall be issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation.

204.5 - Individual wastewater discharge permit and general permit revocation.

The Commissioner may revoke an individual wastewater discharge permit or coverage under a general permit for good cause, including, but not limited to, the following reasons:

A.

Failure to notify the Commissioner of significant changes to the wastewater prior to the changed discharge;

B.

Failure to provide prior notification to the Commissioner of changed conditions pursuant to Section 206.5 of this ordinance;

C.

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

D.

Falsifying self-monitoring reports and certification statements;

E.

Tampering with monitoring equipment;

F.

Refusing to allow the Commissioner timely access to the facility premises and records;

G.

Failure to meet effluent limitations;

H.

Failure to pay fines;

I.

Failure to pay sewer charges;

J.

Failure to meet compliance schedules;

K.

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

L.

Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or the general permit or this ordinance.

Individual wastewater discharge permits or coverage under general permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits or general permits issued to a User are void upon the issuance of a new individual wastewater discharge permit or a general permit to that User.

204.6 - Individual wastewater discharge permit and general permit reissuance.

A User with an expiring individual wastewater discharge permit or general permit shall apply for individual wastewater discharge permit or general permit reissuance by submitting a complete permit application, in accordance with Section 203.5 of this ordinance, a minimum of 90 days prior to the expiration of the User's existing individual wastewater discharge permit or general permit. If the user is not notified by the Commissioner in the form of a draft permit 30 days prior to the expiration of the permit, the permit shall be extended one additional year or until a new permit is reissued. The terms and conditions of the permit may be subject to modification and change by the Commissioner during the life of the permit as limitations or requirements are modified and changed. The user shall be informed of any proposed changes in the permit at least 90 days prior to the effective date of those changes. All users shall be allowed a comment period, relating to any of the proposed changes in his permit; such comment period shall be the first 45 days of the 90-day period prior to the effective date of the changes. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.