§ 6.12.050. Non-domestic sewer discharge permit appeals.

If the Industrial User wishes to appeal or challenge any condition imposed in a discharge permit, a petition shall be filed for modification or reissuance of the permit. The Industrial User may petition the Board of Appeals to reconsider the terms of a permit within thirty (30) calendar days of the receipt of the permit.

A.

The Board of Appeals shall consist of three members: the General Manager, the Chief Operating Officer, and the Senior Engineer.

B.

Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.

C.

In its petition, the appealing party must indicate the condition objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the permit.

D.

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

E.

After considering the petition, the Board of Appeals, in its sole discretion, may grant the appealing party an informal hearing. If the Board of Appeals fails to act within thirty (30) days, the petition shall be deemed to be denied.

F.

Non-domestic Sewer Discharge Permit classifications shall be as follows:

a.

Food Service Establishment; or

b.

Non-domestic Sewer User.

G.

Permit Modifications. If any person proposes to make alterations of pretreatment facilities or alterations of connections to the District's Sewer System, or if he proposes to increase or decrease the discharge volume by more than twenty-five percent (25) or to discharge non-domestic wastewater of a different nature, type or substance not consistent with the original permit, that person shall submit to the General Manager a letter requesting the approval of such an alteration along with an updated discharge permit application and pay all applicable fees.

H.

Duration of Permits. Non-domestic Sewer Discharge Permits shall be issued for any period of time, up to five years. Upon written request, the General Manager may have the right to extend the expiration date of a discharge permit for a period of time not-to-exceed one year, provided that in no case shall the total effective duration of the permit exceed five years, which shall include any and all permit extensions granted by the General Manager. A permit may be issued for a period of less than one calendar year or may be stated to expire on a specific date that is not an increment of one calendar year. The User shall apply for permit reissuance a minimum of ninety (90) calendar days prior to the expiration of the User's existing permit. The terms and conditions of the permit may be subject to modification by the District during the term of the permit as limitations or requirements, as identified in Title 6 Chapter 6.08 hereof, are modified or other just cause exists. The User shall be informed of any proposed changes in the permit at least thirty (30) calendar days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

I.

Permit Transfer. Non-domestic Sewer Discharge Permits are issued to a specific User for a specific operation at a specific location. A permit shall not be reassigned, transferred or sold to a new owner, new User, different premises, or a new or changed operation without prior approval of the District.

J.

Record Keeping. All Industrial Users shall keep records of waste hauling, reclamations, monitoring device calibration reports, sample analysis data, flow meter chart recordings, and records of flow meter calibration on the site of generation. All records are subject to inspection and shall be copied as needed. All records must be kept on the site of generation for a minimum period of three years. The records retention period may be extended beyond three years in the event criminal or civil action is taken or an extensive company history is required.

K.

Confidential Information. Information and data on a User obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections shall be available to the public or other governmental agency without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of the General Manager that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the User. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions, by stamping the words "confidential business information" on each page containing such information.

To the extent permitted by law, when requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available upon written request to governmental agencies for uses related to this Title, provided however, that such portions of a report shall be available to the State and EPA in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.

Information accepted by the District as confidential, shall not be transmitted to the general public by the District.

L.

Waivers. If any discharge to the District's Sewer System contains, or may contain, constituents which will cause it to fail to conform to any of the requirements of this Title, the General Manager may grant a waiver or modification authorizing such discharge, but only if the General Manager finds that:

1.

The discharge will not cause harm to the District's Sewer System, nor unreasonably or inequitably burden the operation of the system;

2.

When considered together with similar excesses in discharge of others regulated by this Title, will not materially affect the ability of the District to meet the requirements of the IEUA Regional Sewage Service Contract, any applicable law, NPDES permit or order, or any any other regulatory or enforcement action; and

3.

The waiver does not apply to any National Pretreatment Program Standards and/or requirements.

In any such letter of approval of a waiver, the General Manager shall include a statement regarding the requirement that is waived, along with the reasons as to why the waiver is issued. Any waiver granted pursuant to this subsection shall be subject to withdrawal at any time the General Manager makes a subsequent finding that the District's Sewer System is harmed, unreasonably or inequitably burdened, or the District's ability to meet the IEUA Regional Sewage Service Contract, any applicable law, NPDES permit or order, or any any other regulatory or enforcement action is materially affected.

M.

Non-domestic Sewer Discharge Permit Revocation. The General Manager may revoke a Non-domestic Sewer Discharge Permit for good cause, including but not limited to, the following reasons:

1.

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

2.

Failure to provide prior notification to the District of changed conditions pursuant to Section 6.12.010(D)(3)(a) of this Title;

3.

Misrepresentation or failure to fully disclose all relevant facts in the Non-domestic Sewer Discharge Permit applications;

4.

Falsifying wastewater chemical analysis reports;

5.

Tampering with monitoring equipment;

6.

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

7.

Failure to meet effluent limitations;

8.

Failure to meet compliance time schedules;

9.

Failure to complete a wastewater survey or the Non-domestic Sewer Discharge Permit application;

10.

Violation of any terms of the Non-domestic Sewer Discharge Permit or this Title.

Non-domestic Sewer Discharge Permits shall become void upon cessation of operations or transfer of business ownership. All Non-domestic Sewer Discharge Permits issued to a particular User are void upon the issuance of a new Non-domestic Sewer Discharge Permit to that User.

( Ord. No. 28-D, § 2(Exh. A), 4-22-2014 )