§ 21-61. Wastewater discharge permit issuance process.  

Effective on Tuesday, November 1, 2022
  • (a) Wastewater discharge permit duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A wastewater discharge permit may be issued for a period of less than five (5) years, at the discretion of the Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire. 
    (b) Wastewater discharge permit contents. Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, protect ambient air quality, and protect against damage to the WWTP. 

    (1) Wastewater discharge permits must contain the following conditions: 

    a. A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years. 
    b. A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit. 
    c. Effluent limits, including best management practices, based on applicable pretreatment standards; 
    d. Self monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law. 
    e. Statement of applicable civil, criminal, and administrative 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 law. 

    (2) Wastewater discharge permits may contain, but need not be limited to, the following: 

    a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization. 
    b. Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties. 
    c. 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. 
    d. Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or routine discharges. 
    e. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the WWTP. 
    f. The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the WWTP. 
    g. Requirements for installation and maintenance of inspection and sampling facilities and equipment. 
    h. 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. 
    i. Other conditions as deemed appropriate by the Superintendent to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations. 

    (c) Wastewater discharge permit appeals. Any person including the industrial user, may petition the city manager to reconsider the terms of a wastewater discharge permit within ten (10) days of its issuance. 

    (1) Failure to submit a timely petition far review shall be deemed to be a waiver of the administrative appeal. 
    (2) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit. 
    (3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal. 
    (4) If the Superintendent fails to act within ten (10) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit, shall be considered final administrative action for purposes of judicial review. 
    (5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing an action with the Circuit Court in and for Polk County, Florida within thirty (30) days from the date of said decision. 

    (d) Wastewater discharge permit modification. The Superintendent may modify the wastewater discharge permit for good cause including, but not limited to, the following: 

    (1) To incorporate any new or revised Federal, State, or local pretreatment standards or requirements. 
    (2) To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance. 
    (3) A change in the WWTP that requires either temporary or permanent reduction or elimination of the authorized discharge. 
    (4) Information indicating that the permitted discharge poses a threat to the city's WWTP, city personnel, or the receiving waters. 
    (5) Violation of any terms or conditions of the wastewater discharge permit. 
    (6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting. 
    (7) Revision of or a grant of variance from categorical pretreatment standards pursuant to 62-625.700 F.A.C. 
    (8) To correct typographical or other errors in the wastewater discharge permit. 
    (9) To reflect a transfer of the facility ownership and/or operation to a new owner/operator. 

    This filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition. 
    (e) Wastewater discharge permit transfer. Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least ninety (90) days advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner and/or operator which: 

    (1) States that the new owners and/or operator has no immediate intent to change the facility's operations and processes. 
    (2) Identifies the specific date on which the transfer is to occur. 
    (3) Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer. 

    (f) Wastewater discharge permit revocation. Wastewater discharge permits may be revoked for the following reasons: 

    (1) Failure to notify the city of significant changes to the wastewater prior to the changed discharge. 
    (2) Failure to provide prior notification to the city of changed condition pursuant to section 21-63(e). 
    (3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application. 
    (4) Falsifying self-monitoring reports. 
    (5) Tampering with monitoring reports. 
    (6) Refusing to allow the city timely access to the facility premises and records. 
    (7) Failure to meet effluent limitations. 
    (8) Failure to pay fines. 
    (9) Failure to pay sewer charges. 
    (10) Failure to meet compliance schedules. 
    (11) Failure to complete a wastewater survey or the wastewater discharge permit application. 
    (12) Failure to provide advance notice of the transfer of a permitted facility. 
    (13) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or the ordinance. 

    Wastewater discharge permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit. 
    (g) Wastewater discharge permit reissuance. A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application in accordance with section 21-61(f) a minimum of ninety (90) days prior to the expiration of the industrial user's existing wastewater discharge permit. 
    (h) Municipal wastewater discharge permits. In the event another municipality contributes all or a portion of its wastewater to the WWTP, the WWTP may require such municipality to apply for and obtain a municipal wastewater discharge permit. 

    (1) A municipal wastewater discharge permit application shall include: 

    a. A description of the quality and volume of the wastewater at the point(s) where it enters the WWTP. 
    b. Any inventory of all industrial users discharging to the municipality. 
    c. Such other information as may be required by the Superintendent. 

    (2) A municipal wastewater discharge permit shall contain the following conditions: 

    a. A requirement for the municipal user to adopt a sewer use ordinance which is at least as stringent as this ordinance and local limits which are at least as stringent as those set out in section 21-59(d). 
    b. A requirement for the municipal user to submit a revised industrial user inventory on at least an annual basis. 
    c. A requirement for the municipal user to a) conduct pretreatment implementation activities including industrial user permit issuance, inspection and sampling, and enforcement; or b) authorize the WWTP to take or conduct such activities on its behalf. 
    d. A requirement for the municipal user to provide the city with access to all information that the municipal user obtains as part of its pretreatment activities. 
    e. Limits on the nature, quality, and volume of the municipal user's wastewater at the point where it discharges to the WWTP. 
    f. Requirements for monitoring the municipal user's discharge. 

    (3) Violation of the terms and conditions of the municipal user's wastewater discharge permit subjects the municipal user to the sanctions set out in section 21-67 through 21-69. 

(Ord. No. 2022-49, § 1, 11-01-22)