§ 1145.44. Permit issuance process.

Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than five (5) years, at the discretion of the director.

(A)

Individual wastewater discharge 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 of Columbus in accordance with Section 1145.13 of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(3)

Effluent limits, including BMPs, 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, state, 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 1145.54(B);

(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 director to be necessary;

(8)

Any grant of the monitoring waiver by the director must be included as a condition in the user's permit.

(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 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 non-routine 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 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 individual wastewater discharge permit; and

(8)

Other conditions as deemed appropriate by the director to ensure compliance with this ordinance, and state and federal laws, rules, and regulations.

(C)

Public Notification. The director will publish in the City Bulletin notice of intent to issue an industrial wastewater discharge permit, at least fourteen (14) days prior to issuance. The notice will indicate a location where the draft permit may be reviewed and an address where written comments may be submitted.

(D)

Permit Appeals. The director will provide all interested persons with notice of final permit decisions. Upon notice by the director, any person, including the industrial user, may petition to appeal the terms of the permit within thirty (30) days of the notice. All such appeals are subject to the following conditions:

(1)

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

(2)

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

(3)

The permit shall be in effect and shall not be stayed pending reconsideration by the director. If, after considering the petition and any arguments put forth by the division of sewerage and drainage, the director determines that reconsideration is proper, the director shall remand the permit back to the division of sewerage and drainage for reissuance. Those permit provisions being reconsidered by the division of sewerage and drainage shall be stayed pending reissuance.

(4)

The director's decision not to reconsider a final permit shall be considered a final administrative action for purposes of judicial review.

(5)

Aggrieved parties seeking judicial review of the final industrial wastewater discharge permit conditions must do so by filing an appeal with the court of competent jurisdiction.

(E)

Permit Modification. The director may modify any industrial wastewater discharge permit for good cause as established by regulations enacted by the director pursuant to this chapter including but not limited to the following reasons:

(1)

Any new or revised federal, state, or local pretreatment standards or requirements;

(2)

Material or substantial alterations or additions to the user's operation processes, or discharge volume or character which were not considered in drafting the effective permit;

(3)

A change in any condition in either the industrial user or the POTW that requires a temporary or permanent reduction or elimination of the authorized discharge;

(4)

Information indicating that the permitted discharge poses a threat to the division of sewerage and drainage's collection and treatment systems, POTW personnel, the receiving waters, or beneficial sludge use;

(5)

Violation of any terms or conditions of the industrial wastewater discharge permit;

(6)

Misrepresentation or failure to disclose fully, all relevant facts in the permit application, or in any required reporting;

(7)

Revision of, or variance, from such categorical pretreatment standards pursuant to 40 CFR 403; or,

(8)

Typographical or other errors in the permit;

(9)

Requests of the permitted entity, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.

(F)

Permit Renewal. The user shall apply for permit renewal by submitting a completed permit application on a form approved by the director, a minimum of ninety (90) days prior to the expiration of the user's existing permit.

(G)

Temporary Permit. Industrial users discharging without a valid permit may be issued a temporary permit, which serves as a control mechanism for the user until a full permit can be obtained. The temporary permit provides the discharger with notification of the city's effluent limitations and tentative federal categorical determination, if any, and can be revoked at any time, if the discharger fails to comply with the permit requirements.

The filing of a request by the permitted entity for a permit modification, a notification of planned changes, or anticipated noncompliance does not stay any permit condition.

(Ord. No. 1327-2012, § 1, 7-23-2012, eff. 10-1-2012)