§ 98-251. General permit requirements.

(a)

Notice from nondomestic users. Under this article, every nondomestic user must notify the director of the nature and characteristics of its wastewater prior to commencing the discharge. The director is authorized to prepare a form for this purpose.

(b)

Control of contributions to POTW. The POTW shall have legal authority to control through permit, order or similar means, the contribution to the POTW by each industrial user to ensure compliance with applicable pretreatment standards and requirements. For significant industrial users under 40 CFR 403.3(t), this control shall be achieved through permits or equivalent individual control mechanisms issued to each such user.

(c)

Wastewater survey. Every industrial user shall complete a wastewater discharge permit application/survey approved by the director within 30 days of written instruction to do so by a city official.

(d)

Permit required; effect of permit. It shall be unlawful for any categorical or significant industrial users to discharge wastewater, either directly or indirectly, into the city's sanitary sewer system without first obtaining an industrial user pretreatment permit from the director. Any violation of the terms and conditions of a permit shall be deemed a violation of this article. Obtaining a permit does not relieve a permittee of its obligation to obtain other permits required by federal, state or local law.

(e)

Denial or conditions of new or increased contributions. The POTW shall have legal authority to deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such conditions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit.

(f)

Additional users requiring permit. The director may require that other industrial users, including liquid waste haulers, obtain wastewater discharge permits as necessary to carry out the purposes of this article.

(g)

Users outside city limits. Any industrial user located beyond the city limits, including, but not limited to, extrajurisdictional industrial users, shall submit a permit application in accordance with this article within 30 days of the effective date of the ordinance from which this article derives. Any new industrial user located beyond city limits shall submit such applications to the director 60 days prior to discharging into the sanitary sewer. Upon review and approval of such application, the director may enter into a contract with the user which requires the user to subject itself to, and abide by, this article, including all permitting, compliance monitoring, reporting and enforcement sections of this article.

(h)

Existing connections. Any significant industrial user which discharges nondomestic waste into the sanitary sewer system prior to the effective date of the ordinance from which this article derives and who wishes to continue such discharges in the future, shall within 90 days after such effective date, apply to the director for a wastewater discharge permit and shall not cause or allow discharges to the POTW to continue after 180 days from and after the effective date of the ordinance from which this article derives, except in accordance with a permit issued by the director.

(i)

New connections. Any significant industrial user proposing to begin or recommence discharging nondomestic wastes into the sanitary sewer system must obtain a pretreatment permit prior to beginning or recommencing such discharge. An application for this permit must be filed at least 90 days prior to the anticipated startup date.

(j)

Certification statement. All permit applications must contain the following certification statement and shall be signed in accordance with subsection (k)(1), (2), (3) or (4) of this section:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person who manages the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(k)

Signatures on certification statement. The certification statement required in subsection (j) of this section shall be signed by the following:

(1)

A responsible corporate officer, if the industrial user submitting the reports is a corporation. For the purpose of this subsection a responsible corporate officer means:

a.

A president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person with similar policy- or decision-making responsibilities for the corporation; or

b.

The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00, in second quarter 1980 dollars, if authority to sign documents has been assigned or delegated;

(2)

A general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship, respectively;

(3)

The principal executive officer or director having responsibility for the overall operation of the discharging facility if the industrial user submitting the reports is a federal, state or local governmental entity, or its agents;

(4)

A duly authorized representative of the individual designated in subsection (k)(1), (2) or (3) of this section if:

a.

The authorization is made in writing by the individual described in subsection (k)(1), (2) or (3) of this section;

b.

The authorization specified either an individual or a position having responsibility for the overall operation of the facility from which the industrial user discharge originates, such as the director, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

c.

The written authorization is submitted to the director.

(5)

If an authorization under subsection (k)(4) of this section 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 authorization satisfying the requirements of subsection (k)(4) of this section must be submitted to the director prior to or together with any reports to be signed by an authorized representative.

(Code 1967, §§ 34-56, 34-57; Ord. No. 6191, §§ 6, 7, 3-26-92; Ord. No. 6529, § 1, 1-28-93; Ord. No. 6667, § 2, 6-8-93; Ord. No. 8118, § 1, 10-23-97)