§ 13.06.080. Wastewater discharge permits.

A.

Industrial user surveys. To satisfy this requirement, all non-domestic users of the POTW must periodically complete an industrial user survey form. Users shall fully disclose the information requested and sign the completed form in accordance with subsection B below. Proper completion of survey requirements is a condition of initial and continued discharge to the POTW. Users failing to fully comply with survey requirements within 30 days shall be subject to all enforcement measures authorized under this chapter including termination of service. The Director is authorized to prepare several forms for this purpose and to require completion of the particular form which the Director determines appropriate to provide the information needed to categorize each user. The Director is authorized to categorize each user, provide written notice of a user's categorization and what it means, and revise this categorization at any time.

B.

Application signatories and certifications.

1.

All survey forms, wastewater discharge permit applications, and user reports must be signed by an authorized representative of the user and contain the certification statement in subsection 13.06.100.L.

2.

Users shall submit a new authorization if the designation of an authorized representative is no longer accurate. This includes when a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company. The user must submit the new authorization prior to or with any reports to be signed by the new authorized representative.

C.

Wastewater discharge permit requirement.

1.

The Director shall require all significant and minor industrial users to obtain wastewater discharge permits.

2.

Occasional users are persons who do not normally discharge to the City POTW, but from time-to-time have a need to discharge hauled waste. Occasional users are required to obtain a discharge permit from the Director. Discharge permit applications and decisions shall be accomplished in accordance with subsections F through H of this section.

3.

Other users shall implement best management practices as necessary to carry out the purposes of this chapter. For example, a wastewater discharge permit may be required solely for flow equalization or grease control.

4.

Non-significant industrial users discharge only domestic wastewater, or wastewater that the Director has determined is similar in character and strength to normal domestic wastewater with no potential to adversely affect the POTW. Non-significant industrial users are not required to obtain a discharge permit.

5.

Any failure to complete the required survey form, to apply for and obtain a required permit, or to comply with the terms and conditions of a wastewater discharge permit shall be deemed violations of this chapter and subject the wastewater discharge permittee to the sanctions set out in sections 13.06.150 through 13.06.170 of this chapter. 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.

D.

Wastewater discharge permitting: Existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges shall, within 30 days after the effective date, apply to the Director for a wastewater discharge permit in accordance with subsection 13.06.080.F of this section, and shall not cause or allow discharges to the POTW to continue longer than 60 days after the effective date of this chapter except in accordance with a wastewater discharge permit issued by the Director.

E.

Wastewater discharge permitting: New connections. Persons wishing to establish a new discharge of non-domestic wastewater to the POTW must first complete a survey form. Any user identified by the Director through the survey as needing a permit must file a permit application. Complete applications for wastewater discharge permits, in accordance with subsection 13.06.080.F of this section, must be filed prior to the desired date of discharge in accordance with subsection 13.06.042.C, and the discharge permit obtained prior to commencing discharge.

F.

Wastewater discharge permit application contents.

1.

All users required to obtain a wastewater discharge permit must apply using the form provided by the Director. Users must supply the Director the following information as part of the permit application if relevant to the users operation:

a.

Identifying information.

i.

The name and physical address of the facility, the names of the operator/facility manager and owner, and the name and address of the point of contact;

ii.

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

b.

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

c.

A description of operations and facilities including:

i.

A brief description of the operations, average rate of production, and industrial classification (SIC or NAICS codes) of the operation(s) conducted on site.

ii.

The number and type of employees, and proposed or actual hours of operation.

iii.

The type, amount, rate of production, and process used for each product produced.

iv.

The type and amount of raw materials used (average and maximum rates).

v.

The raw materials and chemicals to be routinely stored at the facility (including products in rail cars and tank trucks located on site).

vi.

The types of wastes generated on a routine and periodic basis.

vii.

The times and durations when wastes will be discharged.

viii.

A schematic process diagram showing each process step, waste stream, treatment step, internal recycle, and point of discharge to the POTW. This diagram should identify which streams are subject to categorical pretreatment standard (PSES or PSNS)s.

ix.

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.

x.

The sampling locations and provisions for monitoring discharges.

xi.

Whether plans for wastewater facilities under Chapter 173-240 WAC have been developed, and their approval status (engineering report, plans and specifications, and an Operations and Maintenance Manual).

d.

Flow data. The average daily (and maximum daily for SIUs only) flow, in gallons per day, to the POTW from each waste stream. Information shall be complete enough to allow use of the combined waste stream formula per subsection 13.06.041.C (and 40 CFR 403.6(e)) where applicable.

e.

Pollutant data.

i.

The categorical pretreatment standards applicable to each regulated process.

ii.

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

iii.

The estimated peak instantaneous, daily maximum, and long-term average discharge concentrations (and mass) based on the sampling results.

f.

Sampling data to show samples are:

i.

Representative of daily operations.

ii.

Taken just downstream from pretreatment facilities if such exist, or just downstream of the regulated process(es) if no pretreatment exists.

iii.

Collected as required by section 13.06.111 of this chapter.

iv.

Analyzed according to section 13.06.110 of this chapter.

g.

Information confirming BMPs. Where standards specify a BMP or pollution prevention alternative, the user must include the information sufficient to document that the BMPs or the applicable standards are (or will be) implemented.

h.

Any request for a monitoring waiver (or a renewal of an approved monitoring waiver) for a pollutant neither present nor expected to be present in the discharge must include new sampling showing continued absence of the pollutant in the raw wastewater and satisfying subsection 13.06.100.D.

i.

Any other information deemed necessary by the Director to evaluate the situation and prepare a discharge permit.

2.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. The City shall be held harmless for delays caused by returned applications.

G.

Wastewater discharge 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 to issue an individual wastewater discharge permit. The Director may deny any application for an individual wastewater discharge permit, if he or she determines that the discharge does not meet applicable pretreatment standards and requirements or when the discharge would cause the POTW to violate the NPDES permit.

H.

Wastewater discharge permit duration. The Director may issue a wastewater discharge permit for a period of up to five years from its effective date. Each wastewater discharge permit will indicate its expiration date.

I.

Wastewater discharge permit contents. Wastewater discharge permits will include conditions the Director deems reasonably necessary to carry out the goals of the pretreatment program (section 13.06.010), Federal and State regulations, and the requirements of this chapter.

1.

Wastewater discharge permits will contain:

a.

The permit issuance date, expiration date and effective date.

b.

A statement that the wastewater discharge permit is nontransferable except in accordance with subsection L of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.

c.

Effluent limits, including Best Management Practices, based on applicable pretreatment standards and requirements to apply AKART (see subsection 13.06.042.I).

d.

The pollutants to be monitored and specific monitoring requirements. This includes the sampling location(s), sampling frequencies, and sample types consistent with Federal, State, and local law (see subsection 13.06.042.J).

e.

Requirements to submit certain reports (as reflected in section 13.06.100), provide various notifications, keep records, and implement best management practices.

f.

The process to be used to request a waiver from monitoring for a pollutant neither present nor expected to be present in the discharge in accordance with subsection 13.06.100.D.2, or a specific waived pollutant in the case of an individual permit.

g.

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.

h.

Requirements to control slug discharges, including to develop, update, and implement slug discharge control plans in accordance with section 13.06.050 where the Director determines such plans are important to preventing accidental, unanticipated, or non-routine discharges.

i.

Any monitoring which has been conditionally waived by the Director according to subsection 13.06.100.D.2, but which automatically applies at any time the requirements of the conditional waiver are not met.

j.

Reapplication requirements.

2.

Wastewater discharge permits may contain, but need not be limited to, the following conditions:

a.

Pretreatment facilities and measures required by section 13.06.061 of this chapter.

b.

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.

c.

Requirements to install pretreatment technology, pollution controls, or to construct appropriate containment devices to reduce, eliminate, or prevent the introduction of pollutants into the treatment works, ground, or stormwater.

d.

Requirements to develop and implement of waste minimization plans to reduce the amount of pollutants discharged to the POTW.

e.

Requirements to pay charges or fees for discharge to the POTW including high strength charges.

f.

Requirements to install and maintain inspection and sampling facilities and equipment, including flow measurement devices.

g.

Notice that compliance with the wastewater discharge 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 wastewater discharge permit.

h.

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

J.

Permit issuance process.

1.

Public notice. Users shall follow the procedures for public notice found in subsections 13.06.042.G and H. The Director shall consider and respond to public input as appropriate prior to issuance of a permit.

2.

Permit appeals. The Director shall provide public notice of the issuance of a wastewater discharge permit. The notice will be published in a newspaper of general circulation that provides meaningful public notice within the jurisdictions serviced by the POTW. Any person, including the user, may petition the Director to reconsider the terms of a wastewater discharge permit within 30 days of notice of its issuance.

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 wastewater discharge permit provisions objected to; the reasons for this objection; and the alternative condition, with rationale to support alternative conditions, if any, it seeks to place in the wastewater discharge permit.

c.

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

d.

If the Director fails to act within 30 days, a request for reconsideration shall be deemed to be denied. 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 actions for purposes of judicial review.

e.

Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with Superior Court of Clallam County within 30 days.

K.

Wastewater discharge permit modification.

1.

The Director 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 standards or requirements including new or revised local limits.

b.

To address new or changed operations, processes, production rates, waste streams, or changes in water volume or character.

c.

To reflect conditions at the POTW requiring an authorized discharge to be reduced or curtailed. Such requirements may be either temporary or permanent.

d.

Based on information indicating that a permitted discharge poses a threat to the POTW or staff, the receiving waters, or to violate a prohibition of this chapter.

e.

To address violations of any terms or conditions of the wastewater discharge permit.

f.

To address misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required report.

g.

To incorporate revisions based on a variance from categorical pretreatment standards approved pursuant to 40 CFR 403.13.

h.

To correct typographical or other errors in the wastewater discharge permit.

i.

To reflect a transfer of the facility ownership or operation to a new owner or operator as required under subsection L, below.

L.

Wastewater discharge permit transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days advance notice to the Director and the Director approves the wastewater discharge permit transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. The notice to the Director must include a written certification by the new owner or operator which:

1.

States that the new owner and/or operator will not change the facility's operations and processes unless in compliance with this chapter.

2.

Identifies the specific date on which the transfer is to occur.

3.

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

M.

Wastewater discharge permit revocation. The Director may revoke a wastewater discharge permit for good cause, including, but not limited to, instances when a user has:

1.

Failed to notify the Director of significant changes to the wastewater prior to the changed discharge.

2.

Failed to provide prior notification to the Director of changed conditions pursuant to subsection 13.06.100.E of this chapter.

3.

Misrepresented or failed to fully disclose all relevant facts in the wastewater discharge permit application.

4.

Falsified self monitoring reports or tampered with monitoring equipment.

5.

Refused to allow the Director timely access to the facility premises and records.

6.

Failed to meet effluent limitations or permit conditions.

7.

Failed to pay applicable fines or sewer charges.

8.

Failed to meet compliance schedule deadline dates.

9.

Failed to complete a wastewater survey or wastewater discharge permit application.

10.

Failed to provide advance notice of the transfer of business ownership.

11.

Violated any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.

12.

Ceased operations.

13.

Transferred business ownership.

14.

Wastewater discharge permits issued to a user are void upon the issuance of a new wastewater discharge permit to that user.

N.

Wastewater discharge permit re-issuance . User with an expiring wastewater discharge permit shall apply for wastewater discharge permit re-issuance by submitting a complete permit application, in accordance with subsection F of this section, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.

O.

Regulation of waste received from other jurisdictions.

1.

Prior to accepting wastewater for treatment from another municipality, or from a user located outside the municipal corporate boundaries of the City, the City shall enter into an inter-municipal agreement with the contributing municipality (County, Special Purpose District, or other government entity recognized under State law). Such agreement shall affix responsibilities in an enforceable manner to ensure that the pretreatment program is fully and equitably administered in all contributing jurisdictions. Any such agreement or modification to such an agreement shall be reviewed by the City's legal counsel and shall be submitted, together with the opinion that it is legally sufficient, to the approval authority (Department of Ecology) and processed as a minor program modification.

2.

Prior to entering into an agreement required by paragraph O.1. above, the Director shall request the following information from the contributing municipality:

a.

A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

b.

An inventory of all users located within the contributing municipality that are discharging to the POTW; and

c.

Such other information as the Director may deem necessary.

3.

An interlocal agreement, as required by paragraph O.1., above, shall contain the following provisions:

a.

Requirements for contributing municipalities to adopt a sewer use chapter that establishes pretreatment Standards and Requirements as stringent as in this chapter. The chapter provisions and limits shall be revised to conform within nine months to any future revisions of the City's chapter.

b.

Requirements for the contributing municipality to submit a revised user inventory on at least an annual basis, and reinforce requirements to obtain a permit prior to discharge.

c.

A clear division of responsibilities for implementing each pretreatment related activity under this chapter or in the City's National Pollutant Discharge Elimination System (NPDES) permit. Such tasks include reinforcing prohibitions, locating users, issuing wastewater discharge permits, conducting inspections, sampling, evaluating compliance, initiating enforcement, and reporting compliance. Any activities that will be conducted jointly by the contributing municipality and the Director must also be identified.

d.

Requirements for the contributing municipality to provide the Director access to all information that the contributing municipality obtains as part of its pretreatment activities.

e.

The nature, quality (e.g. conventional and toxic pollutant concentrations), and volume (peak and average flow rates) the contributing municipality is allowed to discharge to the City. How and where compliance will be measured, how fees for service and surcharges will be established, and how additional loading capacity, if needed, will be negotiated.

f.

Provisions ensuring that the Director may enter and inspect users' facilities located within the contributing municipality's jurisdictional boundaries to confirm that the pretreatment program is being properly administered and that users are properly categorized, etc.

g.

Provisions for addressing any breach of the terms of the inter-municipal agreement.

(Ord. 3561 § 1, 11/1/2016; Ord. 3397, 4/30/2010)