138-291 Commercial and industrial wastewater discharge permits

Sec. 138-291. Commercial and industrial wastewater discharge permits.

(a) Questionnaires and permits required. Commercial and industrial wastewater discharge questionnaires and permits are required as follows:

(1) All commercial and industrial users contributing to or proposing to connect to or discharge to or change the nature or amount of discharge to the POTW shall provide to the city, in the form of a questionnaire prescribed by the city, the following information, in units and terms appropriate for evaluation:

a. The user's name, mailing address, and the address or location of the user's plant or facility, if different from the mailing address.

b. A description of the activities, facilities and processes that are located or conducted on the user's premises, and a list of all raw materials used.

c. Depending on the types of activities, facilities, or processes used, the following additional information:

1. The user's SIC number, according to the Standard Industrial Classification Manual, Bureau of the Budget, 1987, as amended, or NAICS Code, according to the National American Industry Classification System.

2. Times and durations of wastewater discharges from each process.

3. Average daily wastewater flow rates from each process, including daily, monthly and seasonal variations, if any.

4. Site plan, floor plans, mechanical and plumbing plans and details showing all sewers, sewer connections and appurtenances by size, location and elevation.

5. A complete list of all materials which are or could be discharged by the user.

6. All other information as reasonably may be needed to adequately evaluate the potential for harm from the user's discharges to receiving streams or to the sewer systems of the city or the metro district.

(2) All commercial users contributing to or proposing to connect to or discharge to or to change the nature or amount of discharge to the POTW shall apply for a commercial wastewater discharge permit from the city before connecting to or discharging to the POTW. The "issuing authority" with respect to commercial wastewater discharge permits shall be the general manager.

(3) All significant industrial users contributing to or proposing to connect to or discharge to the POTW shall obtain an industrial wastewater discharge permit from the metro district before connecting to or discharging to the POTW. The "issuing authority" with respect to industrial wastewater discharge permits shall be the metro district. All industrial wastewater discharge permits shall conform to the metro district's rules and regulations governing the operation, use and services of the system, as amended (the "metro district's rules and regulations") and any rules and regulations as may be issued by the general manager.

(b) Permit application. All users required to obtain a commercial or industrial wastewater discharge permit shall complete and file with the appropriate issuing authority an application in the form prescribed by the issuing authority. Depending on the types of activities, facilities, or processes used, in support of the application the user shall be prepared to submit, in addition to the information listed in subsection (a)(1) of this section, the following information in units and terms appropriate for evaluation:

(1) Wastewater constituents and characteristics, including but not limited to those mentioned in section 138-263 or in any applicable state or national pretreatment standards or in the metro district's rules and regulations, as determined by a reliable analytical laboratory. 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 136, as amended.

(2) A statement regarding whether or not the discharge standards contained in section 138-263 and applicable state or national pretreatment standards and the metro district's rules and regulations are being met on a consistent basis and, if not, whether additional O & M or additional pretreatment is required for the user to meet the applicable standards.

(3) If additional pretreatment or O & M will be required to meet the pretreatment or discharge standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:

a. The schedule shall contain increments of progress, not to exceed nine months, 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 or discharge standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.).

b. Not later than 14 days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the general manager, including as a minimum whether or not it complied with the increment of progress to be met on such 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 user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the general manager.

(4) Each product produced by type, amount, process or processes and rate of production.

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

(6) Number and type of employees, and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system.

(7) Any other information as may be deemed by the issuing authority necessary to evaluate the permit application.

(c) Evaluation. The issuing authority shall evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the issuing authority may issue a commercial or industrial wastewater discharge permit, as appropriate, subject to the terms and conditions provided in subsection (d) of this section and elsewhere in this article.

(d) Issuance. The issuing authority shall issue the appropriate wastewater discharge permit to the applicant if all of the following conditions are met:

(1) The proposed discharge of the applicant is in compliance with the prohibitions and limitations of section 138-263 and the rules and regulations issued pursuant thereto, and the metro district's rules and regulations;

(2) The proposed discharge of the applicant would permit the normal and efficient operation of the wastewater treatment system; and

(3) The proposed discharge of the applicant would not result in a violation by the city or the metro district of the terms and conditions of their respective CDPS/NPDES permits. If the issuing authority finds that the condition set out in subsection (d)(1) of this section is not met, the issuing authority may issue a commercial or industrial wastewater discharge permit, as appropriate, to the applicant if the conditions set out in subsections (d)(2) and (3) of this section are met and if the applicant submits and the issuing authority approves a schedule setting out the measures to be taken by the applicant and the dates that such measures will be implemented to ensure compliance with this article.

(e) Denial. If an application for a wastewater discharge permit is denied, the issuing authority shall notify the applicant in writing of such denial. Such notification shall state the grounds for such denial with that degree of specificity which will inform the applicant of the measures or actions which must be taken by the applicant prior to issuance of a permit.

(1) Upon receipt of notification of denial of a commercial wastewater discharge permit application, the applicant may request and shall be granted a hearing to be held by the general manager.

a. At such hearing the applicant shall have the burden of establishing that the conditions set out in subsection (c) of this section have been met and that a permit should be issued. The general manager may conduct the hearing and take the evidence or may designate a representative to:

1. Issue in the name of the general manager notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing.

2. Take the evidence.

3. Submit a report of the evidence and hearing, including transcripts and other evidence, to the general manager together with recommendations for action thereon.

b. Testimony taken on any public hearing shall be under oath and recorded stenographically. The transcript as recorded shall be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.

c. Upon review of the evidence, the general manager shall make written findings of fact and may issue a wastewater discharge permit or direct that such permit shall not be issued or give such other or further orders and directives as are necessary and appropriate.

d. Any party to the hearing aggrieved or adversely affected by an order of the general manager may appeal such order to the district court of the 17th or 18th judicial district of the state, pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(2) An applicant denied an industrial wastewater discharge permit may request that the manager of the metro district review the application and issue the permit. If the district's manager affirms the denial, the applicant may appeal the denial pursuant to the procedures set forth in sections 1.2 and 6.22.4 of the metro district's rules and regulations.

(g) Conditions. Commercial and industrial wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the issuing authority. Permits may contain the following:

(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer.

(2) Limits on the average and maximum wastewater constituents and characteristics.

(3) Limits on the average and maximum rate and time of discharge or requirements for flow regulation and equalization.

(4) Requirements for installation and maintenance of inspection and sampling facilities.

(5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedules.

(6) Compliance schedules.

(7) Requirements for submission of technical reports or discharge reports.

(8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the issuing authority, and affording the city or the metro district access thereto for the purposes of reviewing and copying records.

(9) Requirements for notification of the issuing authority of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the POTW.

(10) Requirements for notification of slug discharges as per section 138-263(d)(2)(q).

(11) Other conditions as deemed appropriate by the issuing authority to ensure compliance with this article.

(1) The terms and conditions of any wastewater discharge permit is subject to modification by the city or the metro district during the term of the permit as limitations or requirements as set forth in section 138-263 or the metro district's rules and regulations are modified or for other good cause. Users shall be informed of any proposed changes to their permits prior to the effective date of any change, and any such change or new condition shall allow a reasonable time for compliance.

(2) Within nine months of the promulgation of a national categorical pretreatment standard, the wastewater discharge permit of users subject to such standard 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 an industrial wastewater discharge permit as required by subsection (b) of this section, the user shall apply for such a permit within 180 days after the promulgation of the applicable national categorical pretreatment standard. In addition, the user with an existing wastewater discharge permit shall submit to the issuing authority within 180 days after the promulgation of an applicable national categorical pretreatment standard the information required by subsections (b)(2) and (b)(3) of this section.

(i) Duration and reissuance. Commercial wastewater discharge permits may be issued for a specified term or an indeterminate period of time. Industrial wastewater discharge permits shall be issued for a specified term not to exceed five years, and may be issued for a period less than a year or may be stated to expire on a specific date. Each user shall apply for permit reissuance at least 180 days prior to the expiration of the user's current commercial or industrial wastewater discharge permit.

(j) Transferability. Wastewater discharge 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 without prior notification to and approval by the appropriate issuing authority. A copy of the existing permit must be provided to the prospective transferee prior to such transfer.

(k) Violation. It shall be unlawful for any user to violate or fail to comply with any condition of a wastewater discharge permit. (Code 1979, § 39-105(a); Ord. No. 2023-44, § 27, 9-11-2023; Ord. No. 2005-74, § 1, 10-10-2005; Ord. No. 2000-26, § 1, 4-24-2000)