§ 106-111. User permit required.

(a)

Nondomestic user permits. It is unlawful and prohibited for any significant industrial user (SIU), or any other user as determined necessary by the POTW superintendent to carry out the purposes of this article, to discharge to the POTW without a nondomestic user permit as provided by this division.

(b)

General user permits. The POTW superintendent may require any person other than a SIU to obtain a general user permit to discharge to the POTW, subject to such terms and conditions as are determined necessary and appropriate by the POTW to achieve the purposes, policies and objectives of this article.

(1)

A general user permit may contain, but shall not be required to contain, any of the terms and conditions that would apply to a nondomestic user permit issued to a SIU as provided by this division to comply with the general and specific discharge prohibitions of this article, including, but not limited to, discharge limitations, and requirements regarding sampling and monitoring; pretreatment; pollution prevention, minimization or reductions plans; accidental discharge, spill prevention, and containment requirements; flow equalization; and implementation of best management practices or a best management practices plan.

(2)

To the extent determined appropriate by the POTW superintendent on a case-by-case basis, a General User Permit issued under this subsection shall be subject to provisions otherwise applicable to permits for SIUs. However, all general user permits shall be non-transferable, and are subject to the permit fee and permit appeals provisions of this article.

(3)

It is unlawful and prohibited for any person required by the POTW superintendent to obtain a general user permit to discharge to the POTW without a general user permit as provided by this division.

(4)

Failure to comply with a general user permit issued under this subsection constitutes a violation of this article.

(5)

In no case shall a general user permit be construed to authorize the illegal discharge or otherwise excuse a violation of this article.

(c)

Notwithstanding any provision of this article to the contrary, if determined necessary by the POTW superintendent to achieve the goals and purposes of this article, the superintendent may issue a user permit to any person without first requiring the person to submit or complete a permit application.

(d)

Any violation of the terms or conditions of a user permit is a violation of this article, subject to the fine, penalty, and other enforcement provisions of this article. Obtaining a user permit shall not relieve a person of the obligation to obtain other permits or approvals that may be required by other local, state or federal laws or regulations.

(e)

The issuance of a user permit shall not convey to any person any property rights or privilege of any kind whatsoever, nor shall it be construed to authorize any injury to private or public property or any invasion of personal rights, nor any violation of local, state or federal laws or regulations.

(Ord. No. 2017-5 , § 2, 5-15-17)