§ 98-150. Administration by permit.

(a)

Classification of dischargers and permits.

(1)

All nondomestic users which discharge into the sanitary sewer system of the authority shall be grouped according to the following definitions:

(A)

Group I. Significant industrial users are defined in section 98-146, definitions.

(B)

Group II. Commercial facilities and non-significant industrial users (NSIU) are those commercial facilities and industrial users which are not included in Group I and which do not discharge a significant amount of regulated pollutants on a regular basis. Examples include automotive service shops, small food processors and photographic developing shops.

(C)

Group III. Classed high strength users are restaurants, car washes or other businesses which can be classed according to an average strength or abnormal strength of their wastewater.

(D)

Group IV. Wastewater haulers are transporters of wastewater desiring to discharge into the authority's sanitary sewage system.

(E)

Group V—Ground water remediation dischargers. Dischargers who are retrieving contaminated underground water, pretreating such water, and then discharging into the POTW.

(F)

Group VI— Non-significant categorical industrial user (NSCIU). Facility that never discharges categorical wastewater even though categorical process(es) are located on-site.

(2)

Any user required to obtain a wastewater discharge permit, who proposes to begin or recommence discharging into the POTW, shall obtain such permit prior to beginning or recommencing such discharge. For Group I, significant industrial users, an application shall be filed with the director at least 90 days prior to the date upon which any discharge will begin or recommence. Non-significant categorical industrial users (NSCIU) and non-significant industrial users (NSIU) shall be required to submit applications at dates specified by the director. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. The application shall contain:

(A)

All information required by subsection (c) below;

(B)

Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged into the POTW;

(C)

Number and type of employee, hours of operation, and proposed or actual hours of operation;

(D)

Each product produced by type, amount, process or processes, and rate of production;

(E)

Type and amount of raw materials processed (average and maximum per day);

(F)

Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;

(G)

Time and duration of discharge; and

(H)

Any other information as may be deemed necessary by the authority to evaluate the wastewater discharge permit application.

All Group II, III and IV dischargers shall submit an industrial waste questionnaire. The questionnaire will be reviewed by the public works utility superintendent or authorized representative. If deemed necessary, Group II, III or IV dischargers may also be required to obtain a permit as outlined herein.

(3)

No new group I, Group IV or Group V or Group VI user shall be allowed to discharge until issued a valid permit.

(4)

The authority will evaluate the completed applications and data furnished by the discharger and may require additional information. If, after evaluation, the application is deemed satisfactory, then a wastewater discharge permit shall be issued within 60 days after the evaluation is complete. The wastewater discharge permit shall be subject to the terms and conditions specified herein and to the regulations of the authority.

(5)

If the application is denied, the applicant shall be notified in writing within 30 days of the reasons for such denial. If denial is based on the authority's determination that the applicant cannot meet the wastewater discharge limitations of this article, the authority may specify that the applicant be required to provide pretreatment of the waste before it is deemed acceptable for sewer discharge.

(6)

Where additional pretreatment and/or operation and maintenance activities will be required to comply with this article, pursuant to subsection (a)(5) of this section, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implement added operational and maintenance activities.

(A)

The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this article including, but not limited to dates relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract(s) for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this article.

(B)

The time increments established between milestone dates shall be the shortest practicable for the completion of the required work. Under no circumstances shall the authority permit a time increment for a single step in the compliance schedule to exceed nine months. The completion date in this schedule shall not be later than the compliance date established for applicable categorical pretreatment standards.

(C)

Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the authority, including a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the authority.

(7)

Prior to the approval of a permit, unless exempted by the authority, all dischargers shall provide monitoring facilities to allow inspection, sampling and/or flow measurement of wastewaters before entering the sanitary sewer of the authority. Each monitoring facility shall be located on the discharger's premises; provided, however, where such location would be impractical or cause undue hardship to the discharger, the authority may approve the placement of monitoring facilities in the public street or sidewalk area. All monitoring equipment and facilities shall be maintained in a safe and proper operating condition at the expense of the discharger. Failure to provide proper monitoring facilities shall be grounds for denial of a permit.

(b)

Permit conditions. Permits are issued to a specific discharger for specific operation and are not assignable to another discharger or transferable to any other location without the prior written approval of the authority.

(1)

Wastewater discharge permit transfer may be transferred to a new owner or operator only if the permittee gives at least 90 days' advance notice to the authority and the authority approves the wastewater discharge permit transfer. The notice to the authority must include a written certification by the new owner or operator which:

(A)

States that the new owner and/or operator has no immediate intent to change the facility's operations and process;

(B)

Identifies the specific date on which the transfer is to occur; and

(C)

Acknowledges full responsibility for complying with the existing wastewater discharge permit.

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as the date of facility transfer.

(2)

Wastewater discharge permit requirements:

(A)

A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;

(B)

A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with subsection (b)(1) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

(C)

Effluent limits and best management practices based on applicable general pretreatment standards as set forth in CFR part 403, categorical pretreatment standards, local limits, and State and local law;

(D)

Self monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants (or best management practices) to be monitored, sampling location, sampling frequency, and sample type based on federal, State, and local law; and

(E)

Requirements to control slug discharge, if determined by the director to be necessary.

(F)

Permits shall contain a statement of the 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 federal, State, and local law.

(3)

Wastewater discharge permits may contain, but need not be limited to, the following conditions:

(A)

Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

(B)

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;

(C)

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;

(D)

Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW, the unit charge or schedule of user charges and fees for the management of the wastewater discharge to the POTW;

(E)

The unit charge of schedule of user charges and fees for management of the wastewater discharge to the POTW;

(F)

Requirements for installation and maintenance of inspection and sampling facilities and equipment;

(G)

A statement that compliance with the 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 wastewater discharge permit; and

(H)

Other conditions as deemed appropriate by the authority to ensure compliance with this article, and State and federal laws, rules, and regulations.

(c)

Reporting requirements for dischargers.

(1)

Baseline report. Within 180 days following the date for final compliance by the discharger with applicable categorical pretreatment standards, or 90 days following the commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to a categorical pretreatment standard shall submit to the authority a report (in a form provided by the authority and meeting the requirements of 40 CFR Part 403.12(b)), indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable categorical pretreatment standards are being met on a consistent basis and, if not, what additional O&M or pretreatment or best management practices is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards. The report shall also contain:

(A)

Identifying information. The name and address of the facility, including the name of the operator and owner.

(B)

Environmental permits. A list of any environmental control permits held by or for the facility.

(C)

Description of operations. A brief description of nature, average rate of production, standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.

(D)

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

(E)

Measurement of pollutants.

(i)

The categorical pretreatment standards applicable to each regulated process.

(ii)

The result of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the authority, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in this section. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the city or the applicable standards to determine compliance with the standard.

(iii)

Sampling must be performed in accordance with procedures set out in subsection (c)(4) of this section.

(iv)

The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph. However, the city may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures. Historical data that can represent the current discharge only can be accepted as a baseline report.

(v)

The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.

(F)

Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether 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 to meet the pretreatment standards and requirements.

(G)

Compliance schedule. If additional pretreatment, best management practices (BMPs) and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this article must meet the requirements set out in this section.

(H)

Signature and certification. All baseline monitoring reports shall be signed by an authorized representative and certified by a qualified professional as stated in 40 CFR part 403.12(b)(6).

(2)

Ninety-day compliance report. Within 90 days following the date for final compliance by the discharger with applicable categorical pretreatment standards or 90 days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to categorical pretreatment standards shall submit to the authority a report (on a form provided by the authority and meeting the requirements of 40 CFR Part 403.12(b)), indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons, and BMPs. The report shall state whether the applicable categorical pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M or pretreatment is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards or requirements. This report shall be signed by an authorized representative of the discharger.

(3)

Periodic compliance reports. Any discharger subject to a categorical pretreatment standard made a part of this article shall submit to the authority a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the categorical pretreatment standards hereof, including BMPs. Reports are required after the compliance date of such a pretreatment standard, or in the case of a new discharger, after commencement of the discharge, and are to be submitted at least once every six months (on dates specified by the authority). In addition, where applicable, this report shall include a record of all measured or estimated average and maximum daily flows which, during the reporting period, exceeded the average daily flow specified in this section. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the authority may accept reports of average and maximum flows estimated by verifiable techniques. The authority, taking into consideration extenuating factors, may authorize the submission of said reports on months other than those specified above.

(A)

In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by city or the pretreatment standard necessary to determine the compliance status of the user, and contributing information as is determined necessary to account for water usage, materials recovery, or disposal practices; and contributing information as is determined necessary to account for water usage, materials recovery, or disposal practices.

(B)

All non-significant categorical industrial (NSCIU) shall submit a report annually in the month specified by the director. The report shall be completed according to the city's current reporting requirements, including the submittal of any applicable certification statements.

(C)

If the director has determined that a non-significant industrial user (NSIU) needs a permit, then the NSIU shall submit a report annually in the month specified by the director. The report shall be completed according to the city's current reporting requirements, including the submittal of any applicable certification statements and data obtained through appropriate sampling and analysis performed during the period covered by the report which data are representative of conditions occurring during the reporting period.

(D)

All periodic compliance reports shall be signed and certified in accordance with subsection 98-150(9) of this article.

(E)

All wastewater samples shall be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring equipment in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(F)

If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director, using the procedures prescribed in subsection 98-150(c)(4) of this article, the results of this monitoring, including chain-of-custody forms, shall be included in the report.

(4)

Analysis and sampling procedures.

(A)

All analyses shall be performed in accordance with procedures contained in 40 CFR part 136 and amendments thereto or with any other test procedures approved by the administrator of the EPA. Sampling shall be performed in accordance with the techniques approved by EPA. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.

Where 40 CFR part 136 does not include sampling or analytical techniques for the pollutants in question, or where EPA determines that the part 136 techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by EPA.

(B)

Sample collection.

(i)

Except as indicated in subsections (ii) and (iii) of this subsection, the user must collect wastewater samples using 24-hour flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the authority may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

(ii)

Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(iii)

For sampling required in support of baseline monitoring and 90-day compliance reports required in subsections 98-150(c)(1) and (c)(2) [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the city superintendent may authorize a lower minimum.

(iv)

For the reports required by paragraphs in subsection 98-150(c)(3) [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.

(5)

Reporting additional monitoring. If an industrial user subject to the reporting requirements of this section monitors any pollutant more frequently than required by the authority, using the procedures prescribed in subsection (c)(4) of this section, the results of this monitoring along with chain-of-custody forms shall be included in the report.

(6)

Significant non-categorical industrial user reporting. Significant non-categorical industrial users shall submit to the authority at least once every six months (on dates as specified by the authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the authority. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in subsection (c)(4) of this section. This sampling and analysis may be performed by the authority in lieu of the significant non-categorical industrial user.

(7)

Notification of changed discharge. Dischargers shall give prior written notification to the authority and City of Fort Worth of any potential or actual significant changes in the volume or character of pollutants in the discharge and any changes at its facility that affect the potential for a slug discharge.

(A)

The notification to the authority shall be received at least 90 days prior to change.

(B)

The authority may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application.

(C)

The authority may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.

(D)

For purposes of this requirement, significant changes include, but are not limited to, flow increases or decreases of 20 percent or greater, the discharge of any previously unreported pollutants, and the deletion of any pollutant regulated by this article or a permit issued pursuant to this article.

(8)

Authority monitoring. Sampling and analysis for the reports required by subsections (c)(1), (c)(2), (c)(3) and (c)(6) of this section, may be performed by the authority in lieu of the discharger. If all information required for the report, including flow data, is collected by the authority, the discharger will be required to submit the report or certifications.

(9)

Signatory requirements. All applications and compliance reports submitted to the authority must contain the following certification statement and be signed by the authorized representative:

"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 and for not reporting known violations, including possibility of fine and imprisonment."

Annual certification for non-significant categorical industrial users—A facility determined to be a non-significant categorical industrial user by the director pursuant to section 98-146 and subsection 98-150(a)(1) must annually submit the following certification statement signed in accordance with the signatory requirements in (40 CFR 403.120(I)). This certification must accompany an alternative report required by the director:

Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ;daterule;, I certify that, to the best of my knowledge and belief that during the period from ;daterule;, ;daterule; to ;daterule;, ;daterule; [months, days, year]:

(A)

The facility described as ;daterule; [facility name] met the definition of a non-significant categorical industrial user as described section 98-146 and subsection 98-150(a)(1).

(B)

The facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and

(C)

The facility never discharged categorical process wastewater on any given day during this reporting period.

This compliance certification is based on the following information:

_____

_____

(10)

Wastewater analysis. When requested by the authority, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The authority is authorized to prepare a form for this purpose and may periodically require users to update this information.

(d)

Inspection and flow measurement.

(1)

Inspection. At least once a year, the director shall inspect and sample each significant industrial user (SIU, NSCIU and NSIU). However, the director may inspect and sample each SIU as frequently as needed during the pretreatment year. The director shall evaluate whether each SIU needs a plan to control slug discharges at the time of SIU determination, or at least by the first year. This assessment shall be documented as part of the records.

(A)

The authority may inspect the facilities of any discharger to determine compliance with the requirements of this article. The discharger shall allow the authority or its representatives to enter upon the premises of the discharger at all reasonable hours for the purposes of inspection, sampling, or examination of records. All reports and records related to the provisions of this article shall be made available for copying and inspection by the authority. The discharger shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis and whether constructed on public or private property, the monitoring facilities should be provided in accordance with the city's requirements and all applicable local construction standards and specifications, and such facilities shall be constructed and maintained in such manner so as to enable the city to perform independent monitoring activities. The authority shall have the right to set upon the discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering or measuring operations. The inspectors, agents or representatives of the authority charged with the enforcement of this article shall be deemed to be performing a governmental function for the benefit and health and welfare of the general public and neither the authority nor any individual inspector, agent or representative shall be held liable for any loss or damage, whether real or asserted, caused or alleged to have been caused as a result of the performance of such governmental function. The failure or refusal of such owner or discharger to comply with this provision shall be grounds for the disconnection of water or sewer service to the facility. If entry is denied or a person in control cannot be located, the director shall have every recourse provided by law to secure entry. Such recourse shall include the right to obtain a search warrant under the guidelines of the Texas Code of Criminal procedure; and for the purposes of same, any person with enforcement authority under this chapter is hereby declared to be a "health officer."

(B)

Facilities regulated under this article are subject to the authority of the following agencies concerning access to information and right of entry onto property for purposes of implementing and enforcing federal and State pretreatment programs and other applicable law:

(i)

The EPA under Section 308 of the Federal Clean Water Act (33 U.S.C. section 3318), as amended; and

(ii)

The state commission on environmental quality (TCEQ) under V.T.C.A., Texas Water Code §§ 26.014 and 26.015, as amended, and V.T.C.A., Texas Health and Safety Code §§ 361.032 and 361.037, as amended, provisions of the Texas Water Code and Texas Health Safety Code.

(C)

The industrial waste discharged or deposited into the sanitary sewers shall be subject to periodic inspection and sampling as often as may be deemed necessary by the authority. Samples shall be collected in such manner as to be representative of the character and concentration of the waste under operational conditions. The laboratory methods used in the examination of said waste shall be those set forth in 40 CFR part 136. The determination of the character and concentration of industrial waste shall be made at such times and on such schedules as may be established by the authority. Should a discharger desire a determination of the quality of such industrial waste be made at some time other than that scheduled by the authority, such special determination may be made by the authority at the expense of the owner or discharger.

(D)

The authority shall conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. The authority shall inspect and sample the effluent from each significant industrial user at least once a year. The result of such activities shall be available to the approval authority upon request.

(2)

NOV/repeat sampling and reporting. If sampling performed by an industrial user indicates a violation, the user shall notify the authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:

(A)

The authority performs sampling at the industrial user at a frequency of at least once per month; or

(B)

The authority performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.

(3)

Measurement of flow. The volume of flow used in computing sewage charges shall be based upon metered water consumption or discharge as shown in the records of meter readings maintained by the city's water department.

(A)

Where it can be shown to the satisfaction of the director that a substantial portion of the metered water does not enter the sanitary sewer, the director may require or permit the installation of additional approved meters at the owner's expense, to measure the quantity of water actually entering the sewer system. If approved by the director, the measured quantity of water actually entering the sewer system will be used to determine the sewer service charge.

(B)

Any discharger who procures all or part of its water supply from sources other than the city's water department, all or part of which is subsequently discharged into the sanitary sewer, shall install and maintain at its expense an effluent meter or flow measuring device approved by the director for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters or measuring devices shall be read monthly.

(C)

If the director determines that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, the quantity or quality of the waste shall be determined in any manner or method the director may find practicable in order to arrive at the percentage of water entering the sanitary sewage system of the authority and/or the quality of the sewage to be used to determine the sewer service charge.

(e)

Permit modifications.

(1)

The authority reserves the right to amend any permit issued hereunder in order to assure compliance by the authority with applicable laws and regulations. The authority may amend any permit for good cause including, but not limited to the following:

(A)

To incorporate any new or revised federal, State, or local pretreatment standards or requirements.

(B)

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

(C)

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

(D)

Information indicating that the permitted discharge poses a threat to the authority's collection and treatment systems, POTW personnel or the receiving waters.

(E)

Violation of any terms or conditions of the permit.

(F)

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

(G)

To correct typographical or other errors in the permit.

(H)

To reflect transfer of the facility ownership and/or operation to a new owner/operator.

(I)

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

(J)

To incorporate, revise, or revoke new or existing best management practices.

(2)

All categorical pretreatment standards promulgated and adopted by the EPA after the effective date of this article (Ordinance Number O-2012-001-11 adopted January 30, 2012) shall automatically become a part of this article. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted an application for a permit as required by subsection (a)(2) of this section, the discharger shall apply for a permit from the authority within 180 days after the promulgation of the applicable categorical pretreatment standard by the EPA. In addition, the discharger with an existing permit shall submit to the authority within 180 days after promulgation of an applicable categorical pretreatment standard, the information required by subsection (c)(1) of this section. The discharger shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(f)

Confidential information.

(1)

All information and data submitted by a discharger to the authority or POTW may be submitted to any state or federal agency governing the POTW. Such information shall be considered subject to public disclosure, provided, however, that the discharger may request that information not be subject to public disclosure, in accordance with 40 CFR part 2 as follows:

(A)

A discharger may assert a business confidentiality claim covering part or all of the information in a manner described below, and that information covered by such a claim will be disclosed only by means of the procedures set forth below.

(B)

If no claim of business confidentiality is asserted, all information will be subject to public disclosure without further notice to the discharger.

(2)

Asserting business confidentiality claim. A discharger which is submitting information to the authority may assert a business confidentiality claim covering the information by placing on or attaching to the information, at the time it is submitted to the authority, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret," "proprietary," or "company confidential." Allegedly confidential portions of otherwise non-confidential documents should be clearly identified by the discharger, and may be submitted separately to facilitate identification and handling by the authority. If the discharger desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state.

(3)

Nothing in this article shall prevent the disclosure of information and data regarding the nature and content of a discharger's effluent, and the frequency of discharge, or a standard or limitation to be met by the discharger, and this information shall be available to the public with no restrictions. Effluent data which cannot be held as confidential is as defined in 40 CFR 2.302.

(4)

The provisions of this subsection shall be subject to any public disclosure requirements which may exist under the Texas Public Information Act, Chapter 552 of the Texas Government Code, as amended.

(g)

Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with subsection (a)(2) of this section, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.

(Ord. No. O-2012-001-11, § 1, 1-30-12)