Industrial wastewater discharge permits and violations

(a) No person shall discharge or cause to be discharged any industrial wastewater into the public sewers or into any private sewer that discharges to the public sewers, without first applying for and obtaining an industrial wastewater discharge permit. Industrial wastewater discharge permits shall meet the following requirements or include the following provisions: (1) Permits shall be issued by the director for a specified time period, not to exceed five years. A permit may be issued for a period of less than a year or may be stated to expire on a specific date as determined by the director; (2) No permit shall be transferable without the prior written consent of the director and provision of a copy of the existing permit to the new owner or operator; (3) Effluent limits based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and State and local law; (4) Self-monitoring, sampling, reporting, notification, and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable pretreatment standards, categorical pretreatment standards, local limits and State and local law; (5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules shall not extend the compliance date beyond applicable federal deadlines; (6) A statement requiring the notification of a hazardous wastewater discharge in accordance with § 43-5.12 (f); (7) Recordkeeping requirements as detailed in § 43-1.10 ; and (8) Permittees shall provide the director with written notification upon the discontinuance of their business operations. (b) This permit may require pretreatment of industrial wastewater before discharge, compliance with a schedule containing commencement and completion dates of events leading to the construction and operation of pretreatment systems, restriction of peak flow discharges, discharge of certain wastewater only to specified sewers, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, self-monitoring programs and submission of self-monitoring reports and may include other conditions deemed appropriate by the director to ensure compliance with Articles 1 through 10 of this chapter, and federal and State laws. (c) No person shall discharge industrial wastewater in excess of the quantity or quality limitations set by the industrial wastewater discharge permit. Any person desiring to discharge wastewater that is not or use facilities that are not in conformance with the permit shall apply to the department for an amended permit. (d) All self-monitoring submittals required by the permit, and reports filed with the director shall comply with § 43-5.11 (a)(3). (e) Industrial users subject to categorical pretreatment standards shall submit baseline monitoring reports. The baseline monitoring report requirements for industrial users in 40 CFR § 403.12(b), as further detailed in §§ 43-5.8 and 43-5.11 (b) and (c), are incorporated into this section. These standards, unless specifically noted otherwise, shall be in addition to all applicable pretreatment standards and requirements set forth in Articles 1 through 10 . (f) All waste haulers shall apply for and obtain an industrial wastewater discharge permit. (g) With the exception of those industrial users defined by federal regulations as significant industrial users (categorical industrial users), the director may exempt certain industrial users or waste haulers from the requirement to obtain an industrial wastewater discharge permit if the quantity or quality, or both, of the wastewater, or hauled wastewater is deemed to be unlikely to cause obstructions, upset, interference, or pass through in the POTW or result in an adverse impact on public health or the environment. (h) Bypass is prohibited, and the director may take enforcement action against an industrial user for a bypass, unless: (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass occurring during normal periods of equipment downtime or preventative maintenance; and (3) The industrial user submitted notices as required under paragraph (c) of Section 40 CFR § 403.17. (i) Bypass notice. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the director, if possible at least 10 days before the date of the bypass. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the director within 24 hours from when the industrial user becomes aware of the bypass. A written submission shall also be provided by the industrial user within five days of the bypass. The written submission shall contain: (1) A description of the bypass and its cause; (2) The duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and (3) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive the requirement for a written report, on a case-by-case basis, if the oral report has been received within 24 hours. (j) All industrial users shall promptly notify the director in advance of any substantial change in the volume or character of pollutants in their discharge. )