15.52.060 Control through permit.
Permits, orders or similar means shall be used to control the contribution to the POTW by each industrial user to ensure compliance with applicable pretreatment standards and requirements, prevent interference or pass through, and enforce the prohibitions set forth in Sections 15.48.010 through 15.48.030. In the case of industrial users identified as significant under 40 CFR 403.3(t), this control shall be achieved through permits or equivalent individual control mechanisms issued to each such user. Such control mechanisms are enforceable and shall contain at a minimum the following conditions:
A. Statement of Duration. A permit shall be for a specified period, not to exceed five years. The user shall apply for permit re-issuance a minimum of ninety days prior to the expiration of the user’s existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit as limitations or further requirements are identified or if other just cause exists. The user shall be informed of any proposed changes in the permit at least thirty days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
B. Statement of Nontransferability. Permits may not be reassigned or transferred to a new owner and/or operator without prior approval of the city. Permittee must give at least thirty days’ advance notice to the city of the proposed transfer, and the notice must include a written certification by the new owner or operator which:
1. States that the new owner has received a copy of the existing permit.
2. States that the new owner has no immediate intent to change the facility’s operations and processes.
3. Includes a provision of a copy of the existing control mechanism.
4. Identifies the specific date on which the transfer is proposed to occur.
5. Acknowledges full responsibility by new owner for complying with the existing permit conditions.
6. Acknowledges effluent limits and/or BMPs to user based on applicable general pretreatment standards found in this part, CFR Part 403 and state and local laws.
7. Acknowledges self-monitoring, sampling, reporting, notification and record keeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the application of general pretreatment standards in 40 CFR Part 403, and Chapter 15.48 and state and local law.
8. Acknowledges statement of applicable civil and criminal penalties set forth in this part and any applicable compliance schedules or other enforcement mechanisms in place.
C. Property Rights. Issuance of a sewer service permit and/or written authorization for its transfer does not convey any proper rights, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any violation of federal, state or local laws or regulations.
(Ord. 2282 NCS §3 (part), 2007.)