§ 37-746. Industrial wastewater discharge permit contents.

(a)

Duration. The duration of the industrial wastewater discharge permit shall be for a specified time period, not to exceed five (5) years from the stated effective date. An industrial wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the director. If an industrial wastewater discharge permit is issued for less than five (5) years, then it may be extended at the discretion of the director as long as the full five-year interval is not exceeded. A specific expiration date shall be stated in each industrial wastewater discharge permit.

(b)

Mandatory contents/conditions. Contents of the industrial wastewater discharge permit shall include those conditions as are deemed reasonably necessary by the director to prevent pass through or interference; protect the quality of the receiving water body; maintain the suitability of the reclaimed water for beneficial reuse; protect the health and safety of the general public and the county's employees; facilitate residuals management, disposal or reuse; and prevent or provide for protection against damage to the county WWF. The industrial wastewater discharge permits shall contain, but need not be limited to, the following conditions:

(1)

The industrial wastewater discharge permit duration, which in no event shall exceed five (5) years;

(2)

A statement that the industrial wastewater discharge permit is nontransferable without prior notification to the director, in accordance with section 37-746(e) of this article, and provisions for furnishing the new owner or operator with a copy of the existing industrial wastewater discharge permit;

(3)

Effluent limits based on applicable pretreatment standards, including categorical pretreatment standards;

(4)

Self monitoring, sampling, and resampling requirements, including the dictation of the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards by SIUs, the dictation that all sampling performed in a manner be representative of the discharge conditions of the reporting period, the reporting of all monitoring results by all SIUs, notification, and recordkeeping requirements and may include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state and local laws;

(5)

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 laws;

(6)

The site-specific accidental discharge/slug control plan that includes spill prevention, spill notification (to include requirements for SIU notification of both the control authority and the receiving county POTW or WWF), and spill handling and spill containment procedures for all user waste stream(s) to minimize/prevent the introduction of pollutants into the user's discharge to the county POTW or WWF from accidental, unanticipated, or non-routine discharges. The site-specific accidental discharge/slug control plan shall be modified (if necessary) and approved by the director, and meet the requirements specified in 40 CFR Part 403.8, Chapter I, Subchapter N, Chapter 62-625, F.A.C., and section 37-743 of this article;

(7)

Requirements for the development and implementation of a BMPP for the handling of the user's waste stream(s) and the minimization/prevention strategies for pollutants discharged by the user to the county POTW or WWF, as required to be performed by the SIU to comply with required categorical pretreatment standard, county local limit established by county resolution, and state or local law, as written to comply with the requirements specified in 40 CFR Part 403, Chapter I, Subchapter N, Chapter 62-625, F.A.C., and section 37-744(g) and (h) of this article;

(8)

Requirements for the maintenance of BMPP records and those records that demonstrate compliance with BMPP requirements for all records described in for the duration specified pursuant to 40 CFR Part 403.12(o), Chapter I, Subchapter N and Chapter 62-625, F.A.C.;

(9)

Requirements for notification of slug or accidental discharges, slug control plan notification requirements, and the compliance status of required BMPPs;

(10)

Requirements for notification of the county for any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater being introduced into the county POTW or WWF.

(c)

Discretionary contents/conditions. The industrial wastewater discharge permits may contain, but is not 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 or pollution control technology, or construction of appropriate containment devices that are designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

(3)

Development and implementation of source reduction strategies to reduce the amount of pollutants discharged to the county WWF;

(4)

The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the county WWF;

(5)

Requirements for installation and maintenance of inspection and sampling facilities and equipment, including control manholes;

(6)

Requirements for closure activities following cessation of operations by the user at the facility, including the notification of the director, proper closure or removal of the pretreatment facilities, county employees performing a final facility inspection and completion of the applicable forms;

(7)

Specifications for monitoring programs which may include sampling locations, installation of a control manhole, installation of flow monitoring equipment, frequency and method of sampling flow and wastewater flow metering, location, frequency and method of pH recording and metering, number, types and standards for tests and reporting schedule;

(8)

Prohibition of discharge of certain wastewater constituents or wastes;

(9)

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

(10)

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

(d)

Reconsideration. The applicant may petition the director in writing to reconsider the terms of a wastewater discharge permit within thirty (30) days of notice of its issuance.

(1)

Failure to submit a timely petition by the applicant for review shall be deemed to be a waiver of the applicant's request for reconsideration.

(2)

In the applicant's petition, the appealing party shall identify wastewater provisions in the industrial discharge permit that are objectionable, the reasons for the objection, and the alternative condition(s), if any, the applicant seeks to place in the industrial wastewater discharge permit.

(3)

The effectiveness of the industrial wastewater discharge permit shall not be stayed pending the request for reconsideration.

(4)

The director shall inform the applicant within thirty (30) days in writing of the decision. If the director fails to act within thirty (30) days, a request for reconsideration shall be deemed to be denied. Decisions not to issue, not to modify, or not to reconsider an application for an industrial wastewater discharge permit shall be considered final administrative actions for purposes of review under the provisions set forth in section 37-749(j) herein.

(e)

Modifications. The director, for good cause, may modify and change the terms and conditions of any industrial wastewater discharge permit during its duration, and notifying the permittee in writing thereof, including but not limited to, factor such as any one (1) or more of the following reasons:

(1)

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(2)

To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of industrial wastewater discharge permit issuance;

(3)

A change in the county wastewater system that requires either a temporary or permanent reduction or elimination of the authorized discharges;

(4)

Information indicating that the permitted discharge poses a threat to the county wastewater system, county employees, the general public, the receiving waters and reclaimed water system of the county wastewater system, or the disposal of residuals;

(5)

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

(6)

Violation of any terms or conditions of the county's facility permits that are attributable to the user's discharge;

(7)

Misrepresentations or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application or in any required reports;

(8)

Revision of or the granting of a variance from categorical pretreatment standards pursuant to 40 CFR 403.13; or

(9)

To correct typographical or other errors in the industrial wastewater discharge permit;

(10)

To add new or modify existing site-specific accidental discharge/slug control plan requirements for all user waste stream(s) to minimize/prevent the introduction of pollutants into the user's discharge to the county POTW or WWF from accidental, unanticipated, or nonroutine discharges;

(11)

To add a new or modify the existing BMPP for the handling of the user's waste stream(s) and the minimization/prevention of introducing pollutants into the user's discharge to the county POTW or WWF, or as required compliance with required categorical pretreatment standard, local limit, and state or local law.

(f)

Notification of changes. Permit holders shall be informed of any proposed change(s) in their respective permits at least sixty (60) days prior to the effective date of the change(s). Permit holders shall be allowed a comment period relating to the proposed change(s) in their permits within the first thirty (30) days after issuance of such proposed change(s) by the county. The county shall allow a permit holder (user) a reasonable period of time to comply with the change(s) in the permit made by the county, unless otherwise required by emergency situations or governmental regulations. Nothing in these regulations is intended to preclude the county from taking immediate action to temporarily modify a permit when there is imminent risk of damage to the county wastewater system or to the environment or injury to the health and welfare of the public or county employees. The permit holder may petition the director to reconsider the proposed change(s) by the county or to modify the industrial wastewater discharge permit in accordance with this article.

(g)

Transferability. The industrial wastewater discharge permits shall not be transferable. Industrial wastewater discharge permits are issued to a specific user for a specific operation with specific wastestream characteristics. An industrial wastewater discharge permit shall not be assigned or transferred or sold to a new owner, new user, or for different premises, unless approved in writing by the director. The new owner or user shall apply for a new industrial wastewater discharge permit at least one hundred twenty (120) days prior to a change in ownership or transfer of operations to a new user. Application shall be made in accordance with the provisions of this article. Users with multiple connections at a single plant or facility may be issued, a single permit by the director with specific effluent limitations and conditions for each discharge from each separate connection.

(h)

Revocation. The director may revoke, and the permittee will be notified in writing thereof, an industrial wastewater discharge permit as issued pursuant to the provisions of this article, for good cause as defined by, including, but not limited to, factors such as any one (1) or more of the following reasons:

(1)

Violation of any pretreatment standard or requirement or any terms of the industrial wastewater discharge permit or provisions of this article;

(2)

Failure to accurately report the wastewater constituents and characteristics of the discharge, or the status of required BMP and/or BMPP compliance status (where applicable);

(3)

Failure to provide written notification of significant changes in operations, wastewater flow volume, or constituents and characteristics prior to discharge to the county WWF pursuant to section 37-747(e) of this article or changes at the facility that affect the potential for a slug discharge by the facility to the county POTW or WWF;

(4)

Refusal to allow reasonable and timely access to the user's premises and records for inspections or compliance monitoring;

(5)

The user's discharge causes or contributes to any violation of the conditions in the permits for the county wastewater system;

(6)

A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;

(7)

Failure to comply with discharge requirements in section 37-735 through 37-737 of this article or county local limits established by county resolution;

(8)

Failure to complete a wastewater survey or the industrial wastewater discharge permit application;

(9)

Misrepresentation or failure to fully disclose all relevant facts in the industrial wastewater discharge permit application;

(10)

Falsifying self-monitoring or any other user reports;

(11)

Tampering with monitoring equipment or compliance samples;

(12)

Failure to pay fines or penalties;

(13)

Failure to pay wastewater charges or fees;

(14)

Failure to provide proper notification to the director and the county POTW or WWF for slug, accidental discharges or bypass flows during emergency situations;

(15)

Failure to meet compliance schedules or comply with consent orders;

(16)

Issuance of a new industrial wastewater discharge permit;

(17)

A discharge, which in the opinion of the director, may interfere or be deleterious to the operation or maintenance of the county wastewater system, or threaten human health or safety; or

(18)

Cessation of the discharge or closure of the facility.

(i)

Reissuance. Any user with an expiring industrial wastewater discharge permit shall apply for an industrial wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 37-745 of this article, a minimum of one hundred twenty (120) days prior to the expiration of the user's existing industrial wastewater discharge permit. A request for extending (changing) the expiration date of the industrial wastewater discharge permit, if issued initially with a duration of less than five (5) years, may be granted at the discretion of the director as long as the full five (5) year permit duration is not exceeded and the extension request is submitted to the director at least sixty (60) days prior to the current expiration date.

(j)

Void permits. Industrial wastewater discharge permits shall be void upon cessation of operations by the user, upon transfer of ownership of the business or facility, or the issuance of a new industrial wastewater discharge permit to that user.

(Ord. No. 2002-20, § 1, 12-3-02; Ord. No. 2009-19 , § 6, 7-14-09)