§ 106-128. Individual wastewater discharge permits and general permits.

(a)

Permitting tiers.

(1)

SIUs. The director shall issue an individual SIU permit to all SIUs. SIUs are not eligible for a general permit.

(2)

Non-significant IUs. The director may issue either an individual permit or a general permit to non-significant IUs or to commercial users, at the director's discretion. The director may at his sole discretion replace a person's general permit with an individual permit, or replace an individual permit held by a non-significant IU with a general permit.

(b)

Wastewater analysis. When requested by the director, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. All analyses must be performed using EPA-approved standard methods. The director is authorized to prepare a form for this purpose and may periodically require users to update this information.

(c)

Individual wastewater discharge permit and general permit requirement.

(1)

No SIU shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the director, except that a SIU that has filed a timely application may continue to discharge for the time period specified therein.

(2)

General permits may only be issued by DWR if in conformity with EPD pretreatment regulations. General permits shall only apply to non-significant IUs.

(3)

The director may require other users to obtain individual wastewater discharge permits or general permits as necessary to carry out the purposes of this division.

(4)

Any violation of the terms and conditions of an individual wastewater discharge permit or a general permit shall be deemed a violation of this division and subjects the wastewater discharge permittee to the sanctions set out herein. Obtaining an individual wastewater discharge permit or a general 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.

(d)

Individual wastewater discharge and general permitting—existing connections. Any user required to obtain an individual wastewater discharge permit or a general permit who was discharging wastewater into the POTW prior to the effective date of the ordinance from which this division is derived without a permit and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the director for an individual wastewater discharge permit or a general permit, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date the ordinance from which this division is derived except in accordance with an individual wastewater discharge permit or a general permit issued by the director.

(e)

Individual wastewater discharge and general permitting—new connections. Any user required to obtain an individual wastewater discharge permit or a general permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit or general permit must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.

(f)

Individual wastewater discharge and general permit application contents.

(1)

All users required to obtain either an individual wastewater discharge permit or a general permit must submit a permit application. Users that are eligible may request a general permit. The director may require users to submit all or some of the following information as part of a permit application:

a.

Identifying information.

1.

The name and address of the facility, including the name of the operator and owner.

2.

Contact information, description of activities, facilities, and plant production processes on the premises.

b.

Environmental permits. A list of any environmental control permits held by or for the facility.

c.

Description of operations.

1.

A complete and accurate description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;

2.

Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

3.

Number and type of employees, hours of operation, and proposed or actual hours of operation;

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.

d.

Time and duration of discharges.

e.

The location for monitoring all wastes covered by the permit.

f.

Material safety data sheets for all chemicals used in the process and/or pretreatment.

g.

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined waste stream formula set out at 40 CFR 403.6(e).

h.

Measurement of pollutants.

1.

The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.

2.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process.

3.

Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

4.

The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out below under analytical requirements. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the director or the applicable standards to determine compliance with the standard.

5.

Sampling must be performed in accordance with procedures set out below under sample collection.

i.

For CIUs, the application for a permit shall contain information for a baseline report as required by 40 CFR 403.12(b)(1)—(7).

j.

Any other information as may be deemed necessary by the director to evaluate the permit application.

k.

Engineering reports, plans, specifications and other materials submitted to DWR in support of a pretreatment permit application shall be prepared by or under the direct supervision or review of, and bear the seal of, a professional engineer competent in the field of sewage and industrial waste treatment.

(2)

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. DWR's permit-issuance schedule shall begin when the application is complete.

(g)

Wastewater discharge permitting—general permits.

(1)

At the discretion of the director, DWR may use general permits to control non-significant user discharges to the POTW. General permits shall not be available to an SIU. All facilities so covered by a general permit must:

a.

Involve the same or substantially similar types of operations;

b.

Discharge the same types of wastes;

c.

Require the same effluent limitations;

d.

Require the same or similar monitoring; and

e.

In the opinion of the director, are more appropriately controlled under a general permit than under individual wastewater discharge permits.

(2)

To be covered by the general permit, the user may file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, and any other information the director deems appropriate. Notwithstanding the foregoing provisions, the director may issue general permits to users without an initial permit application.

(3)

The director will retain a copy of the general permit, documentation to support the POTW's determination that a specific user meets the general permit criteria and applicable state regulations, and a copy of the user's written request for coverage for three years after the expiration of the general permit.

(h)

Application signatories and certifications.

(1)

All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement specified in this division.

(2)

If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the director prior to, or together with, any reports to be signed by an authorized representative.

(i)

Individual wastewater discharge and general permit decisions. The director will evaluate the data furnished by the user and may require additional information. Within 45 days of receipt of a complete permit application, the director will determine whether or not to issue an individual wastewater discharge permit or a general permit. The director may deny any application for an individual wastewater discharge permit or a general permit.

(Code 1994, § 114-94; Ord. No. SWR-2010-001, 11-16-2010)