Legal Documents of Jefferson City

Wastewater permits. All SIUs shall obtain an SIU permit prior to the commencement of discharge to the POTW. Existing industrial users who are determined by the public works director to be significant industrial users shall obtain a SIU permit within one hundred eighty (180) days of receiving notification of the public works director's determination. Industrial users who do not fit the SIU criteria may, at the discretion of the public works director, be required to obtain a wastewater discharge permit for non-significant industrial users. There are hereby established three (3) classes of permits for users proposing to connect to or contribute pollutants into the POTW. These permits shall be expressly subject to all provisions of this document and all other applicable regulations, enforcement actions, user charges and fees established by the City of Jefferson City.

Class 1 -- Residential Permits. Each new residential user shall submit a written application to the city for permission to discharge into the public sewers and shall present all necessary plans, documents or schedules at the time of application. The application shall be accompanied by the appropriate sewer connection fee and permit fees and shall be signed by the licensed plumber responsible for the work to be performed. The work done under the permit shall be supervised by the public works director or his designated representative.

Class II -- Commercial Permits. Each commercial user shall submit a written application to the city for permission to discharge into the public sewers and shall present all necessary plans, documents or schedules at the time of application. The application shall be accompanied by the appropriate sewer connection fee and permit fees and shall be signed by an authorized representative of the organization. The work done under the permit shall be supervised by the public works director or his designated representative and the city, the commercial permit shall be subject to annual renewal fees for the duration of the permit as defined below:

-- -- All commercial users that discharge only normal domestic wastewater or determined by the city to have flows expected to have minimal potential impact on the wastewater system may be classified as Class I and shall not be required to maintain a permit. Commercial users so designated shall immediately notify the city should the nature of their discharge change.

The city reserves the right to increase the classification of any Class I commercial business should it deem necessary to protect its systems.

-- -- All other commercial users that discharge liquid wastes from manufacturing processes, trade or business, as distinct from sanitary or normal domestic wastewater, shall be classified as Class II, and shall be subjected to annual renewal fees for the duration of the permit. Existing Class II commercial users shall apply for a Class II commercial permit within sixty (60) days after the effective date of this policy, but in no case later than thirty (30) days after being requested in writing to do so by the city.

Class III - Industrial Permits. Each Industrial User (IU) shall submit a written application to the city for permission to discharge into the public sewers and POTW and shall present all necessary plans, documents or schedules at the time of application. The application shall be accompanied by the appropriate sewer connection fees and permit fees and shall be signed by an authorized representative of the organization. The work done under the permit shall be subject to annual renewal fees for the duration of the permit. Existing industrial users shall apply for a Class III industrial permit within ninety (90) days after the effective date of this policy, but in no case later than thirty (30) days after being requested in writing to do so b y the city. Proposed new industrial users shall apply for a Class III industrial permit at least ninety (90) days prior to connecting to or contributing pollutants to the POTW.

1. Name, address, and location, (if different from the address),
2. North American Industry Classification System (NAICS) codes for pretreatment, the industry as a whole, and any processes for which categorical pretreatment standards have been promulgated;
3. Analytical data on wastewater constituents and characteristics including but not limited to those mentioned in subsection (2) of this policy, any of the priority pollutants (section 307(a) of the Act) which the applicant knows or suspects a re present in the discharge as determined by a reliable analytical laboratory, and any other pollutant of concern to the POTW; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act and contained in 40 CFR, part 136, as amended and as required in § 18-605(10) and (11);
4. Time and duration of the indirect discharge;
5. Average daily and thirty (30) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
6. Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, floor drains, sewer connections, direction of flow and appurtenances by the size, location and elevation;
7. Description of activities, facilities and plant processes on the premises including all materials which are or could be accidentally or intentionally discharged;
8. Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state, or federal pretreatment standards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis and, if not, whether additional Operation and Maintenance (O&M) and/or additional pretreatment is required for the user to meet applicable pretreatment standards;
9. If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be longer than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule:
   1. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards. No increment in the schedule shall exceed nine (9) months.
   2. No later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the public works director including, at a minimum, whether or not it complied with the increment of progress, the reason for any delay, and if appropriate, the steps being taken by the user to return to the established schedule.
10. Each product produced by type, amount, process or processes and rate of production;
11. Type and amount of raw materials processed (average and maximum per day);
12. Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
13. If subject to a categorical standard, a baseline monitoring report in accordance with 40 CFR 403.12(b), as outlined in § 18-605(1) of this policy.
14. Any other information as may be deemed by the public works director to e necessary to evaluate the permit application.

Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"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 or persons who manage 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."

Application review and evaluation. The public works director will evaluate the data furnished by the user and may require additional information.

The public works director is authorized to accept applications for the city and shall refer all applications to the POTW staff for review and evaluation.

Within thirty (30) days of receipt the public works director shall acknowledge and accept the complete application or, if not complete, shall return the application to the applicant with a statement of what additional information is required.

Tentative determination and draft permit. The POTW staff shall conduct a review of the application and an on-site inspection of the significant industrial user, including any pretreatment facilities, and shall prepare a written evaluation and tentative determination to issue or deny the SIU permit. If the staff's tentative determination is to issue the permit, the following additional determinations shall be made in writing:

1. Proposed discharge limitations for those pollutants proposed to be limited;
2. A proposed schedule of compliance, including interim dates and requirements, for meeting the proposed limitations; and
3. A brief description of any other proposed special conditions which will have significant impact upon the discharge described in the application.

The staff shall organize the determinations made pursuant to (a), (b), and (c) above and the city's general permit conditions into a SIU permit.

1. A sketch and detailed description of the industrial facilities and pretreatment facilities including the location of all points of discharge to the POTW and all established compliance monitoring points.
2. A quantitative description of the discharge described in the application which includes at least the following:
   1. The rate or frequency of the proposed discharge and, if the discharge is continuous, the average daily flow;
   2. The actual average dally discharge in pounds per day of any limited pollutant and any pollutant identified in the application as known or suspected present; and,
   3. The basis for the pretreatment limitations, including the documentation of any calculations in applying categorical pretreatment standards.

1. The public works director shall take final action on all applications.
2. The public works director is authorized to:
   1. Issue a SIU permit containing such conditions as are necessary to effectuate the purposes of this policy and;
   2. Issue a SIU permit containing time schedules for achieving compliance with applicable pretreatment standards and requirements;
   3. Modify any permit upon not less than sixty (60) days notice and pursuant to § 18-604(3)(i) this policy;
   4. Revoke any permit pursuant to § 18-608(1) of this policy;
   5. Suspend a permit pursuant to § 18-608(1) of this policy;
   6. Deny a permit application when in the opinion of the public works director such discharge may cause or contribute to pass-through or interference of the wastewater treatment plant.
3. Hearings
   1. Initial adjudicatory hearing. An applicant whose permit is denied or is granted subject to conditions he deems unacceptable, a permittee/user assessed a civil penalty under § 18-608(2) or one issued an administrative order under § 18-608(1) shall have the right to an adjudicatory hearing before a hearing officer designated by the POTW director upon making written demand, identifying the specific issues to be contested, to the public works director within thirty (30) days following receipt of the SIU permit, civil penalty assessment, or administrative order. Unless such written demand is made within the time specified herein, the action shall be final and binding. The hearing officer shall make a final decision on the contested permit, penalty, or order within forty five (45) days of the receipt of the written demand for a hearing. The POTW director shall transmit a copy of the hearing officer's decision by registered or certified mail.
      1. New permits. Upon appeal of the terms or conditions of a newly issued permit, the terms and conditions of the entire permit are stayed, and the permit is not in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
      2. Renewed permits. Upon appeal of the terms or conditions of a renewed permit, the terms and conditions of the existing permit shall remain in effect until either the conclusion of judicial review or until the parties reach a mutual resolution.
4. Final appeal hearing. Any decision of a hearing officer made as a result of an adjudicatory hearing held under § 18-604(8)(c)(i) above may be appealed to the city council upon filing a written demand within ten (10) days of receipt of notice of the decision. Failure to make written demand within the time specified herein shall bar further appeal. The city council shall make a final decision on the appeal within ninety (90) days of the date the appeal was filed and shall transmit a written copy of its decision by registered or certified mail.
5. Official record. When a final decision is issued under § 18-604(8), the city council shall prepare an official record of the case that includes:
   1. All notices, motions, and other like pleadings;
   2. A copy of all documentary evidence introduced;
   3. A certified transcript of all testimony taken, if testimony is transcribed. lf testimony is taken and not transcribed, then a narrative summary of any testimony taken.
   4. A copy of the final decision of the city council.
6. Judicial review. Any person against whom a final order or decision of the city council is entered pursuant to the hearing conducted may seek judicial review of the order or decision by filing a written petition within thirty (30) days after receipt of notice by registered or certified mail of the order or decision, but not thereafter, with the appropriate Jefferson County court with a copy to the city. Within thirty (30) days after receipt of the copy of the petition for judicial review, the city council shall transmit to the reviewing court the original or a certified copy of the official record.
7. Permit modification.
   1. Modifications of permits shall be subject to the same procedural requirements as the issuance of permits except as listed below. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
      1. Changes in the owners hip of the discharge when n o other change in the permit is indicated,
      2. A single modification of any compliance schedule not in excess of four (4) months,
      3. Modification of compliance schedules (construction schedules) in permits for new sources where the new source will not begin to discharge until control facilities are operational.
   2. Within nine (9) months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by § 18-604(2), the user shall apply for a wastewater discharge permit within one hundred eighty (180) days after the promulgation of the applicable national categorical pretreatment standard.
   3. A request for a modification by the permittee shall constitute a waiver of the sixty (60) days notice for modifications.
8. Permit conditions.
   1. The public works director shall have the authority to grant a permit with such conditions attached as he believes necessary to achieve the purposes of this policy. Wastewater permits shall contain, but are not limited to, the following:
      1. A statement of duration (in no case more than five years);
      2. A statement of non-transferability;
      3. Applicable effluent limits based on categorical standards or local limits or both;
      4. Applicable monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state and local law;
      5. Notification requirements for slug loads as defined in § 18-601(2)(oo).
      6. Requirements to implement a plan or other controls for prevention of accidental discharges and/or slug loads as defined in § 18-601(2)(oo), If determined by the pretreatment coordinator to be necessary to the user and,
      7. Requirements for immediately notifying the POTW of any changes at its facility affecting the potential for spills and other accidental discharges, or slug load as defined in § 18-601(2)(oo). Also see § 18-605(5) and (6).
      8. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule.
   2. In addition, permits may contain, but are not limited to, the following:
      1. Limits on the average and/or maximum rate of discharge, and/or requirements or flow regulation and equalization.
      2. Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties.
      3. Requirements for the installation of pretreatment technology or construction of appropriate containment devices, etc., designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works.
      4. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the municipal wastewater system.
      5. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the system.
      6. Requirements for installation and maintenance of inspection and sampling facilities and equipment.
      7. Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types, and standards for tests, and reporting schedules.
      8. Requirements for immediate reporting of any instance of non-compliance and for automatic re-sampling and reporting within thirty (30) days where self-monitoring indicates a violation(s).
      9. Compliance schedules for meeting pretreatment standards and requirements.
      10. Requirements for submission of periodic self-monitoring or special notification reports.
      11. Requirements for maintaining and retaining plans and records relating to wastewater discharges as specified in § 18-605(13) and affording the public works director, or his representatives, access thereto.
      12. Requirements for prior notification and approval by the public works director of any new introduction of wastewater pollutants or of any significant change in the volume or character of the wastewater prior to introduction in the system.
      13. Requirements for the prior notification and approval by the public works director of any change in the manufacturing and/or pretreatment process used by the permittee.
      14. A statement that compliance with the 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 terms of the permit.
      15. Other conditions as deemed appropriate by the public works director to ensure compliance with thi s policy, and state and federal laws, rules, and regulations.
9. Permits duration. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period of less than a year or may be stated to expire on a specific date.
10. Permit transfer. Wastewater permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation.
11. Permit re-issuance. A SIU shall apply for permit re-issuance by submitting a complete permit application in accordance with § 18-604(3) a minimum of one hundred eighty (180) days prior to the expiration of the existing permit. (as added by Ord. #2024-08, Sept. 2024 Ch18_1-5-26)