An individual wastewater discharge 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 may be issued for a period less than five (5) years, at the discretion of the manager. Each individual wastewater discharge permit will indicate a specific effective date and expiration date. (Ord. 2016-11-005, 11-10-2016)
An individual wastewater discharge permit shall include conditions deemed reasonably necessary by the manager 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, and protect against damage to the POTW.
A. Individual wastewater discharge permits must contain:
1. A statement that indicates the wastewater discharge permit issuance date, effective date, and expiration date.
2. A statement that the wastewater discharge permit is nontransferable without prior notification to, and approval from, the SGRWRF, 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 in part 403 of the Code of Federal Regulations, categorical pretreatment standards, local limits, state and local law.
4. Self-monitoring, sampling, reporting, notification, and recordkeeping 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, state, and local law.
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 applicable federal, state, and local law.
6. Requirements to control slug discharge, if determined by the manager to be necessary.
7. Requirements to report to the manager any slug discharge.
8. Requirements to notify the manager of changes to the industrial user’s discharge thirty (30) days prior to the change. The manager shall approve, conditionally approve, or deny the change prior to the user making the change at the facility that may impact the discharge at the facility to the POTW.
B. Individual wastewater discharge 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 POTW;
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 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 does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, and local standards, including those which become effective during the term of the individual wastewater discharge permit; and
8. Other conditions as deemed appropriate by the manager to ensure compliance with this chapter, and state and federal laws, rules, and regulations. (Ord. 2016-11-005, 11-10-2016)
An interested person or entity, including the industrial user, may petition the SGRWRF to reconsider the terms of a wastewater discharge permit within fifteen (15) days of the issuance date.
A. Failure to submit a timely petition for review is a waiver of the administrative appeal.
B. In its petition, the appealing party must indicate the wastewater discharge provision objected to, the reason for the objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
C. The effectiveness of the wastewater discharge permit is not stayed pending the appeal.
D. If the SGRWRF fails to act within fifteen (15) days of a petition for reconsideration, it is deemed denied. Denials and 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.
E. Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the 5th judicial district court in and for Washington County, state of Utah. (Ord. 2016-11-005, 11-10-2016)
The manager may modify an individual 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;
B. 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;
C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; or
D. Information indicating that the permitted discharge poses a threat to the POTW, related personnel, receiving waters, or sludge, as follows:
1. Violation of any terms or conditions of the individual wastewater discharge permit;
2. Misrepresentations or intentional or unintentional failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
4. To correct typographical or other errors in the individual wastewater discharge permit; or
5. To reflect a transfer of the facility ownership or operation to a new owner or operator. (Ord. 2016-11-005, 11-10-2016)
Wastewater discharge permits may be transferred to a new owner and/or operator only if the permittee gives at least thirty (30) days’ advanced notice to the manager, and the manager approves the wastewater discharge permit transfer. Failure to provide advance notice of such transfer to, and approval from, the manager, renders the wastewater discharge permit void on the date of facility transfer. The notice to the manager must include a written certification by the new owner and/or operator which:
A. States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;
B. Identifies the specific date on which the transfer is to occur;
C. Acknowledges full responsibility for complying with the existing wastewater discharge permit; and
D. Acknowledges the conditions of the permit will not change. (Ord. 2016-11-005, 11-10-2016)
A. The manager may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:
1. Failure to notify the manager of significant changes to the wastewater prior to the changed discharge;
2. Failure to provide prior notification to the manager of changed conditions pursuant to section 8-4-6-5 of this chapter;
3. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
4. Falsifying self-monitoring reports;
5. Falsifying certification statements;
6. Tampering with monitoring equipment;
7. Refusing to allow the manager and/or his or her designee timely access to the facility premises and/or records;
8. Failure to meet effluent limitations;
9. Failure to pay fines;
10. Failure to pay sewer charges;
11. Failure to meet compliance schedules;
12. Failure to complete a wastewater survey, or the wastewater discharge permit application or reapplication;
13. Failure to provide advance notice of the transfer of business ownership of a permitted facility;
14. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter; or
15. Upon request by the permittee due to a change in ownership, or the business is moving, or going out of business.
B. Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user are void upon the issuance of a new individual wastewater discharge permit to that user.
C. Noncompliant industrial users will be notified of the proposed termination of their wastewater permit, and will be offered the opportunity to show cause under these standards why the proposed action should not be taken. However, notwithstanding this or any other provision of this chapter, the manager may in his or her sole discretion, immediately revoke any discharge permit where the discharge reasonably appears to present an imminent danger to the health or welfare of persons. (Ord. 2016-11-005, 11-10-2016)
A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 8-4-4-5 of this chapter, a minimum of sixty (60) days prior to the expiration of the user’s existing individual wastewater discharge permit. (Ord. 2016-11-005, 11-10-2016)
A. If another municipality, or user located within another municipality, contributes wastewater to the POTW, the manager shall enter into an intermunicipal agreement with the contributing municipality.
B. Prior to entering into an agreement required by subsection A of this section, the manager shall request the following information from the contributing municipality:
1. A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;
2. An inventory of all users located within the contributing municipality that are discharging to the POTW; and
3. Such other information as the manager may deem necessary.
C. An intermunicipal agreement, as required by subsection A of this section, shall contain the following terms and conditions:
1. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this chapter and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in section 8-4-2-4 of this chapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance or local limits;
2. A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
3. A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection, sampling, and enforcement, will be conducted by: (a) the contributing municipality; (b) the manager; and (c) jointly by the contributing municipality and the manager;
4. A requirement for the contributing municipality to provide the manager with access to all information that the contributing municipality obtains as part of its pretreatment activities;
5. Limits on the nature, quality, and volume of the contributing municipality’s wastewater at the point where it discharges to the POTW;
6. Requirements for monitoring the contributing municipality’s discharge;
7. A provision ensuring the manager or his or her designee access to the facilities of users located within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the manager; and
8. A provision specifying remedies available for breach of the terms of the intermunicipal agreement. (Ord. 2016-11-005, 11-10-2016)